concurring.
I join the opinion of the Court. As in my concurring opinion in Commonwealth v. Roach, 477 Pa. 379, 383 A.2d 1257 (1978), I write only to point out that appellant filed post-verdict motions on September 17, 1975, after publication of Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975) on March 1, 1975, and therefore is properly subject to Blair. Had appellant filed post-verdict motions subsequent to our decision in Blair but before Blair received publication, it would be unfair to impose upon him a decision of which he could not be aware. Commonwealth v. Barnes, - Pa. - , - A.2d - (J. 330 of 1976, filed March 23,1978) (dissenting opinion of Roberts, J.); see Commonwealth v. Fortune, 464 Pa. 367, 346 A.2d 783 (1975); cf. Commonwealth v. Cheeks, 429 Pa. 89, 239 A.2d 793 (1968) (failure to assert right at trial did not waive right announced subsequent to trial).