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COMMONWEALTH PENNSYLVANIA v. WILLIAM PHILPOT (10/31/80)

decided: October 31, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM PHILPOT, APPELLANT



No. 34 March Term, 1979, Appeal from Judgment of Sentence of the Court of Common Pleas of Allegheny County, Criminal Division, At CC7802511, entered February 15, 1979.

COUNSEL

John H. Corbett, Jr., David Metinko, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Pittsburgh, for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Roberts

[ 491 Pa. Page 599]

OPINION OF THE COURT

This is a direct appeal from a judgment of sentence imposed by the Court of Common Pleas of Allegheny County on a jury verdict of guilty of murder of the third degree. We affirm for want of compliance with the written post-verdict motion specificity requirement of Pa.R.Crim.Proc. 1123(a) and Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).

On February 15, 1979, appellant filed a written "Motion For New Trial And/Or Arrest Of Judgment." Contained in the written motion was only the following allegation:

"1. The jury verdict was against the weight of the law and the evidence in this case."

The post-verdict court denied relief and entered judgment of sentence. On this appeal, appellant contends (1) that he should be discharged for want of sufficient evidence of malice and (2) that he should be awarded a new trial because the Commonwealth failed to produce allegedly existing handwritten notes of the investigating officer to whom appellant gave a statement.

Rule 1123(a) of our Rules of Criminal Procedure (adopted June 8, 1973) provides:

"Within ten (10) days after a finding of guilt, the defendant shall have the right to file written motions for a new trial and in arrest of judgment. Only those grounds may be considered which were raised in pre-trial proceedings or at trial, unless the trial judge, upon cause shown, allows otherwise. Argument shall be scheduled and heard promptly after such motions are ...


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