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COMMONWEALTH PENNSYLVANIA v. WAYNE PRITCHITT (07/06/76)

SUPREME COURT OF PENNSYLVANIA


decided: July 6, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
WAYNE PRITCHITT, APPELLANT (TWO CASES)

COUNSEL

Prather G. Randle, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Eagen, J., concurs in the result.

Author: Nix

[ 468 Pa. Page 11]

OPINION OF THE COURT

As a result of a gang rivalry Gino Fernandez was ambushed and slain by a shot gun wound to the head and neck. Indictments for murder and other related offenses were returned against Wayne Pritchitt, appellant, and after trial by jury he was convicted of murder of the first degree. Appellant was also convicted of criminal conspiracy and certain weapons offenses. After denial of post trial motions by a court en banc a sentence of life imprisonment was imposed under the murder indictment and sentences were suspended as to the remaining convictions. These direct appeals followed.*fn1

The single asserted claim for relief is that certain incriminatory admissions made during custodial interrogation and introduced against him at trial were improperly obtained in violation of Pa.R.Crim.P. 130.*fn2 We find that this objection has been waived and therefore affirm the judgments of sentence.

The trial was commenced in July 1974, over two years after our decision in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). Despite the fact that the principles announced in Futch had been well established by the beginning of this trial*fn3 no attempt

[ 468 Pa. Page 12]

    was made to object to the introduction of these statements at trial based upon a violation of Rule 130.*fn4 The failure to preserve this objection at trial precludes appellate review of the issue at this point. We have consistently held that failure to raise an issue below in a timely matter forecloses review at the appellate stage. Commonwealth v. Culberson, 467 Pa. 424, 358 A.2d 416 (filed March 17, 1976); Commonwealth v. Sweeney, 464 Pa. 425, 347 A.2d 286 (1975); Commonwealth v. Mitchell, 464 Pa. 117, 346 A.2d 48 (1975); Commonwealth v. Spriggs, 463 Pa. 375, 380, 344 A.2d 880, 882 (1975); Commonwealth v. Wright, 460 Pa. 247, 332 A.2d 809 (1975); Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

Judgments of sentence affirmed.


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