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COMMONWEALTH PENNSYLVANIA v. ALLEN J. ROACHE (03/28/80)

SUPERIOR COURT OF PENNSYLVANIA


filed: March 28, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
ALLEN J. ROACHE, APPELLANT

Nos. 132 and 133 Special Transfer Docket Appeals from Judgments of Sentence of Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Nos. 988, 989, 990 January Term, 1976.

COUNSEL

A. Benjamin Johnson, Jr., Philadelphia, for appellant.

George Rayborn, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Montgomery, O'Brien and Honeyman, JJ.*fn*

Author: Per Curiam

[ 276 Pa. Super. Page 518]

After trial by jury, the appellant was found guilty of murder in the second degree (now third degree) and of related lesser charges. Thereafter, only "boiler plate" post trial motions were filed on behalf of the appellant. Nevertheless the trial court entertained orally the reasons which appellant now pursues in this appeal. Motions were refused and sentences totaling 12 1/2 years to 25 years were imposed.

Since Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975), our Superior Court has held that mere oral presentation of additional reasons in support of post trial motions is insufficient to preserve such issues for appellate review. Commonwealth v. Gravely, 486 Pa. 194, n. 1, 404 A.2d 1296, n. 1 (1979). Therefore, all of the issues advanced in this appeal have been waived.


*fn* Justice HENRY X. O'BRIEN of the Supreme Court of Pennsylvania, and Judge ROBERT W. HONEYMAN of the Court of Common Pleas of Montgomery County, Pennsylvania are sitting by designation.


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