Commonwealth v. Mitchell

COMMONWEALTH of Pennsylvania v. Thomas MITCHELL, Appellant

Commonwealth v. Mitchell, 337 A.2d 292 (Pa. 1975)

Court: Supreme Court of Pennsylvania · State Highest Courts
Decided: May 13, 1975
Docket: No. 245
Judges: Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Citations: 337 A.2d 292461 Pa. 5551975 Pa. LEXIS 807

Cited by 8

Opinion — Per Curiam

OPINION OF THE COURT PER CURIAM:

Appellant was tried before a judge sitting without a jury at the conclusion of which he was adjudged guilty of voluntary manslaughter. Post-trial motions, which were permitted to be filed nunc pro tunc, were denied. A sentence of from two to eight years imprisonment was imposed. This appeal followed.

Appellant raises the following issues for consideration: whether the trial court erred in permitting the prosecution to introduce as rebuttal evidence appellant’s prior conviction for aggravated robbery and, whether the trial court erred in preventing appellant from introducing his statement made to the police as a prior consistent statement.

While objections were properly made at trial, the aforementioned issues were not raised in support of post-trial motions. Consequently, appellant is precluded from raising these issues on appeal.

Commonwealth v. Bronaugh, 459 Pa. 634 , 331 A.2d 171 (1975);

Commonwealth v. Reid, 458 Pa. 357 , 326 A.2d 267 (1974);

Commonwealth v. Clair, - Pa. -, 326 A.2d 272 (1974);

Commonwealth v. Goodman, 454 Pa. 358 , 311 A.2d 652 (1973).

Judgment of sentence affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

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Relies on it most ⓘ

Commonwealth v. Eckert368 A.2d 794 (Pa. Super. Ct. 1976)
Commonwealth v. Carter344 A.2d 846 (Pa. 1975)
Commonwealth v. Wilks378 A.2d 887 (Pa. Super. Ct. 1977)
Commonwealth v. Baker353 A.2d 454 (Pa. 1976)
Commonwealth v. Hughes408 A.2d 1132 (Pa. Super. Ct. 1979)
Commonwealth v. Hughes380 A.2d 379 (Pa. Super. Ct. 1977)

Most recent

Commonwealth v. Hughes408 A.2d 1132 (Pa. Super. Ct. 1979)
Commonwealth v. Hughes380 A.2d 379 (Pa. Super. Ct. 1977)
Commonwealth v. Wilks378 A.2d 887 (Pa. Super. Ct. 1977)
Commonwealth v. Jones372 A.2d 814 (Pa. 1977)
Commonwealth v. Eckert368 A.2d 794 (Pa. Super. Ct. 1976)
Commonwealth v. Baker353 A.2d 454 (Pa. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Commonwealth v. Goodman, 311 A.2d 652 (Pa. 1973)	96
	Commonwealth v. Reid, 326 A.2d 267 (Pa. 1974)	71
	Commonwealth v. Bronaugh, 331 A.2d 171 (Pa. 1975)	42
	Commonwealth v. Clair, 326 A.2d 272 (Pa. 1974)	521

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