Commonwealth v. Williams

Dissenting Opinion by

Mr. Justice Jones:

I respectfully dissent from the view expressed in the majority opinion and in the result reached.

Assuming, arguendo, that the charge was erroneous, I do not believe that question is before us. Not having been raised or considered in the Court below, the error alleged was not of such substance and prejudice as to result in an unfair trial and a deprivation of justice. See: Commonwealth v. Scoleri, 432 Pa. 571, 248 A. 2d 295 (1968). Under the circumstances, I would affirm the Order of the Superior Court.