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COMMONWEALTH PENNSYLVANIA v. LARRY WAYNE CATHEY (06/29/77)

decided: June 29, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
LARRY WAYNE CATHEY, APPELLANT



Appeal from the Judgment of Sentence of January 6, 1976, of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section at No. 998 of December Term, 1974.

COUNSEL

Neil Carver, Philadelphia, for appellant.

Steven H. Goldblatt and Deborah E. Glass, Assistant District Attorneys, Philadelphia, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman, J., files a dissenting opinion in which Spaeth, J., joins.

Author: Price

[ 248 Pa. Super. Page 364]

On July 16, 1975, following a non-jury trial, appellant was convicted of receiving stolen property*fn1 and conspiracy.*fn2 Post-trial motions were filed, argued and denied, and appellant was sentenced to two concurrent terms of 6 to 23 months incarceration. His direct appeal is now before us. We affirm.

Appellant raises two claims in this appeal: (1) that the search of his room by police was violative of the 4th Amendment and the results thereof thus should have been suppressed; and (2) that the evidence was insufficient to support his conviction for receiving stolen property. We cannot reach appellant's first claim, as it has not been properly preserved for our review.

[ 248 Pa. Super. Page 365]

Subsequent to the verdict in this case, appellant filed written post-trial motions pursuant to Pa.R.Crim.P. 1123(a) which alleged the following:

"1. The evidence was insufficient to sustain the verdict of the jury.

2. The verdict is contrary to the weight of the evidence.

3. The verdict is contrary to the weight of the ...


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