Opinion
June 11, 1970.
August 6, 1970.
Criminal Law — Evidence — Alibi testimony — Failure of defendant to comply with notice provisions of Pa. R. Crim. P. 312 — "Interest of justice" exception — Constitutionality of Rule.
In this case, in which it appeared that defendant's offer of alibi testimony by his wife was excluded because he had not complied with the notice provisions of Pa. R. Crim. P. 312, it was Held that, (a) defendant did not come within the "interest of justice" exception to Rule 312, and (b) his contention that the Rule was unconstitutional was without foundation in the instant case.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.
Appeal, No. 176, Oct. T., 1970, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, March T., 1968, No. 487, in case of Commonwealth v. Harvey Phoenix. Judgment of sentence affirmed.
Indictment charging defendant with armed robbery. Before LEFEVER, J.
Verdict of guilty and judgment of sentence entered thereon. Defendant appealed.
Bernard L. Segal, with him Needleman, Needleman, Segal Tabb, for appellant.
James D. Crawford, Deputy District Attorney, with him James T. Owens, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Argued June 11, 1970.
Appellant was tried and convicted of aggravated robbery. At his trial, he attempted to offer alibi testimony by his wife. Because he had not complied with the notice provisions of Pennsylvania Rule of Criminal Procedure 312, his offer was excluded. He does not come within the "interest of justice" exception to Rule 312. Cf. Commonwealth v. Shider, 209 Pa. Super. 133, 224 A.2d 802 (1966). Moreover, his contention that the Rule is unconstitutional is without foundation in the instant case. Commonwealth v. Vecchiolli, 208 Pa. Super. 483, 224 A.2d 96 (1966). Cf. Williams v. Florida, 399 U.S. 78, 90 S. Ct. 1893 (1970).
Judgment of sentence affirmed, and the defendant is directed to appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence, or any part thereof which has not been performed at the time the appeal was made a supersedeas.