Com. v. McClain
| Decision Date | 28 April 1978 |
| Citation | 385 A.2d 970,478 Pa. 10 |
| Parties | COMMONWEALTH of Pennsylvania v. James McCLAIN, Appellant. |
| Court | Pennsylvania Supreme Court |
Appeal No. 98 January Term, 1976, from the Judgment of Sentence of the Court of Common Pleas, Trial Division Criminal Section of Philadelphia County, Imposed on No. 168, May Session, 1974; James T. McDermott, Judge.
Herman, Bayer & Silberstein, Frederick R. Herman, Philadelphia, for appellant.
F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Chief, Appeals Div., Denis Cohen, Asst. Dist. Attys., for appellee.
Before EAGEN, C. J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appellant was convicted of murder of the second degree, aggravated assault, possession of a controlled substance and possession with intent to deliver a controlled substance. The conviction of murder of the second degree was directly appealed to this Court. *
The single issue raised in this appeal is that appellant was denied a fair trial because the prosecuting attorney used his peremptory challenges to exclude Blacks from the jury. We need not reach the merits of this argument since appellant has waived this issue. See Pennsylvania Rule of Criminal Procedure 1123.
Judgment of sentence affirmed.
* Our jurisdiction in this case is based on Section 202(1) of the Appellate Court Jurisdiction Act of 1970, 17 P.S. § 211.202(1) (Supp.1977-78).
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... ... contrary in Commonwealth v. Marrero, 478 Pa. 97, 385 ... A.2d 1331 (1978)); Commonwealth v. McClain, 478 Pa ... 10, 385 A.2d 970 (1978). [*] ... [482 Pa. 410] ... One may agree that it is rather incongruous for this Court to ... make ... ...
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Com. v. Hitson
...A.2d 1278 (1978) (disapproving dicta to the contrary in Commonwealth v. Marrero, 478 Pa. 97, 385 A.2d 1331 (1978)); Commonwealth v. McClain, 478 Pa. 10, 385 A.2d 970 (1978). One may agree that it is rather incongruous for this Court to make its finding of waiver Vel non turn on the action t......
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Com. v. Kozek
...acted correctly in insisting upon compliance with Rule 1123(a) 7 and Blair, and properly found the issue waived. See Commonwealth v. McClain, 478 Pa. 10, 385 A.2d 970 (1978). Appellant also contends that the trial court committed reversible error in several parts of its charge to the jury. ......
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