Commonwealth v. Mundell

Court: Supreme Court of Pennsylvania
Date filed: 1978-06-02
Citations: 478 Pa. 616, 387 A.2d 659, 1978 Pa. LEXIS 671
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Lead Opinion

OPINION OF THE COURT

PER CURIAM:

Appellant, after waiving a jury trial, was tried in the Court of Common Pleas, Philadelphia County, and was found guilty of murder in the third degree and possession of an instrument of crime. Post-verdict motions were heard and denied and appellant was sentenced. In appealing the trial court’s judgment of murder in the third degree, appellant seeks a new trial.

Appellant raises two issues in this appeal: 1) that the trial court erred in not disregarding the testimony of two of the Commonwealth’s witnesses who, appellant claims, were incapable of accurately observing the crime in question; and 2) that the trial court erred in not requiring the Commonwealth to introduce appellant’s confession at trial. Appellant’s first contention is without merit and appellant’s

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second contention has been waived because the issue was not raised at trial.

Judgment of sentence affirmed.