COMMONWEALTH v. SASSER, 453 Pa. 622 (1973)

309 A.2d 352

Commonwealth v. Sasser, Appellant.

Supreme Court of Pennsylvania.Submitted April 23, 1973
Decided September 19, 1973

Before JONES, C. J., EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

Appeal, No. 440, Jan. T., 1972, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1971, Nos. 319 and 323, in case of Commonwealth of Pennsylvania v. Robert Sasser. Judgment of sentence affirmed.

Indictments charging defendant with murder and conspiracy. Before SHIOMOS, J., without a jury.

Defendant found guilty of murder in the second degree and conspiracy. Defendant’s motions for new trial and in arrest of judgment denied and judgment of sentence entered. Defendant appealed.

Page 623

Edward K. Nichols, Jr., for appellant.

Linda West Conley and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM, September 19, 1973:

Appellant Robert Sasser’s judgment of sentence upon conviction of second degree murder is affirmed. This Court will not consider appellant’s contention that his extrajudicial statement should have been suppressed because the fruit of an unlawful arrest in view of his failure to raise that issue pretrial as required by Pennsylvania Rule of Criminal Procedure 323(b). Appellant’s contention that the evidence was insufficient to show his participation in the murder is meritless. Commonwealth v. Robb, 284 Pa. 99, 130 A. 302 (1925). See also Commonwealth v. Pierce, 437 Pa. 266, 263 A.2d 350
(1970).

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