Commonwealth v. Pompey

JACOBS, President Judge, and SPAETH, J.,

dissent on the ground that the Supreme Court has now decided that in all cases in which a defendant did not receive adequate instructions under Pa.R.Crim.P. 1123(c), the proper remedy is to remand for filing of post-verdict motions nunc pro tunc. Commonwealth v. Cathey, 477 Pa. 446, 384 A.2d 589 (1978).

WATKINS, former President Judge, did not participate in the consideration or decision of this case.