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COMMONWEALTH PENNSYLVANIA v. EDDIE MAE MCCLOUD (12/21/79)

decided: December 21, 1979.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
EDDIE MAE MCCLOUD, APPELLANT



No. 314 January Term 1978, No. 140 January Term 1979,

COUNSEL

Anthony G. Bateman, Philadelphia, for appellant.

Robert B. Lawler, Asst. Dist. Atty., Chief, Appeals Division, James B. Jordan, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino, Larsen and Flaherty, JJ. Manderino, J., did not participate in the decision of this case.

Author: Eagen

[ 487 Pa. Page 192]

OPINION OF THE COURT

Appellant, Eddie Mae McCloud, appeals*fn1 from judgments of sentence imposed by the Court of Common Pleas of Philadelphia. McCloud was tried without a jury and found guilty of murder of the third degree, possession of a prohibited offensive weapon, and possession of an instrument of crime. McCloud was sentenced to two to ten years on the murder conviction and two to five years on the weapons conviction. The sentences were made concurrent. McCloud filed post-verdict motions in arrest of judgment and for a new trial nunc pro tunc. In these motions, she raised, inter alia, the following points:

"3. It was error to overrule the defendant's Motion to supress [sic] Her formal statement, which though not used at trial nonetheless limited her ability to make tactical decisions concerning her trial.

"4. Though the Court in the Homicide Motion Calander [sic] Room had stated that the 'Run date' of the 180 days allowed under Rule 1100 Pa.R.Cr.Pro. was not for five

[ 487 Pa. Page 193]

    days, an examination not drawn to Counsel's attention until after the trial may well demonstrate that the trial commenced after the 180th day, and the point is raised so as to preserve it if true.

"5. Defense reserves the right to use additional points upon review of the Notes of testimony from the trial."

McCloud, thereafter, failed to file or raise any additional assignments of error in support of her post-verdict motions.*fn2 Post-verdict ...


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