October 4, 1956.
November 13, 1956.
Appeals — Review — Questions not raised in court below — Enforcement of rule.
1. Matters not properly raised in the court below cannot be invoked on appeal.
2. While the rule that matters not properly raised in the court below cannot be invoked on appeal has occasionally been relaxed because of extraordinary circumstances, it is the intention of the appellate court that it should be enforced.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ.
Appeal, No. 227, Oct. T., 1956, from judgment of sentence in Court of Quarter Sessions, Philadelphia County, May T., 1954, No. 1657, in case of Commonwealth of Pennsylvania v. Robert Mays, Jr. Appeal dismissed.
Indictment charging defendant with obtaining money under false pretenses. Before NELSON, P. J., without a jury, specially presiding.
Verdict of guilty and judgment of sentence thereon. Defendant appealed.
Edward B. Bergman, for appellant.
Thomas M. Reed, Assistant District Attorney, with him F. Emmett Fitzpatrick, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Argued October 4, 1956.
Robert Mays, Jr., was indicted in the court below on a charge of cheating by fraudulent pretenses. The case was heard by Judge NELSON, sitting without a jury. At the conclusion of the trial, the hearing judge found Mays guilty. No post-conviction motions were filed. In fact, defendant's trial counsel stated: "Your Honor, I do not want to make a cause celebre out of this thing and I do not see any necessity to file a motion for a new trial". Following the imposition of sentence, this appeal was taken.
The contention of appellant's present counsel is that there was insufficient evidence to sustain the conviction. We have repeatedly stated that matters not properly raised in the court below cannot be invoked on appeal: Commonwealth v. Klick, 164 Pa. Super. 449, 65 A.2d 440; Commonwealth v. DiCarlo, 174 Pa. Super. 611, 101 A.2d 410; Commonwealth v. Donaducy, 176 Pa. Super. 27, 107 A.2d 139; Commonwealth v. Bozzi, 178 Pa. Super. 224, 116 A.2d 290; Commonwealth v. Aikens, 179 Pa. Super. 501, 118 A.2d 205; Commonwealth v. Pittman, 179 Pa. Super. 645, 118 A.2d 214. While this rule has occasionally been relaxed because of extraordinary circumstances, see Commonwealth v. Savor, 180 Pa. Super. 469, 119 A.2d 849, it is our intention that it should be enforced. We have concluded that the rule must be applied in the case at bar.
The appeal is dismissed.