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COMMONWEALTH PENNSYLVANIA v. WARREN BRUCE HARMON (06/15/79)

decided: June 15, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
WARREN BRUCE HARMON, APPELLANT



No. 538 OCTOBER TERM, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Delaware County, at No. S.A. 42 of 1977.

COUNSEL

Frank J. Marcone, Media, for appellant.

Donald E. Johnson, Assistant District Attorney, Media, for Commonwealth, appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Price, J., files a concurring opinion. Spaeth, J., files a dissenting opinion in which Hoffman, J., joins. Jacobs, former President Judge, did not participate in the consideration or decision in this case.

Author: Van Der Voort

[ 267 Pa. Super. Page 225]

Appellant Warren Bruce Harmon was found guilty by a District Justice of disorderly conduct, appealed to Common Pleas Court, where he was found guilty by a jury, then appealed to our Court. We affirm.

Appellant challenges the legality of his arrest and the propriety of the lower court's "affirmance" of the finding of the District Justice. These issues are waived because of appellant's failure to file written post-trial motions. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).

Appellant also argues that the Commonwealth failed to prove that his conduct was offensive to the "public". Although, notwithstanding appellant's failure to file post-trial motions, the lower court discussed in a general way in its opinion the issue of sufficiency of the evidence, the court did not consider the specific question of whether appellant's conduct constituted a "public" nuisance. We therefore find that appellant has waived this issue also, by his failure to file written post-trial motions.

Judgment of sentence affirmed.

[ 267 Pa. Super. Page 226]

PRICE, Judge, concurring:

I concur in the result reached by the majority. I do so for two specific reasons not expressed by the majority, but raised by Judge Spaeth's Dissenting Opinion.

First, Local Rule 411(a) of the Court of Common Pleas of Delaware County is official notice that in all appeals appellant must comply with Pa.R.A.P. 1925(b). I consider such a local rule to be a reasonable requirement, authorized by our procedure, ...


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