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COMMONWEALTH PENNSYLVANIA v. TERRANCE DAVIS (07/10/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: July 10, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
TERRANCE DAVIS, APPELLANT*FN*

No. 267 April Term, 1979, Appeal from the Judgment of Sentence of the Court of Common Pleas of Allegheny County, Criminal Division, No. 7801488.

COUNSEL

Ivan S. Abrams, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Spaeth, Wickersham and Lipez, JJ. Spaeth and Wickersham, JJ., concur in the result.

Author: Per Curiam

[ 286 Pa. Super. Page 480]

Appellant's claims that the court below erred 1) in refusing to sever counts 14, 15 and 16 from counts 23 and 24 and from counts 19, 20, 21 and 22, trial on all of which was on the same day; and 2) in refusing to sever counts 4 and 5 from counts 6 and 7, which four counts were tied together in another single proceeding, were not raised below in written post-verdict motions and, therefore, are not preserved for appellate review. Pa.R.Crim.P. 1123(a); Commonwealth v. Blair, 460 Pa. 31, 33 n. 1, 331 A.2d 213, 215 n. 1 (1975). The opinion of the court below adequately disposes of appellant's remaining contentions.


*fn* Editor's Note: The opinion of the Superior Court of Pennsylvania in Commonwealth v. Snedden, published in the advance sheets at this citation (429 A.2d 39), was withdrawn from the bound volume because rehearing is pending.


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