Commonwealth v. Donovan

Supreme Court of Pennsylvania

Commonwealth v. Donovan

291 A.2d 116, 447 Pa. 450, 1972 Pa. LEXIS 550

CourtSupreme Court of Pennsylvania

DecidedMay 25, 1972

DocketAppeal, 353

StatusPublished

Cited by9 cases

This text of 291 A.2d 116 (Commonwealth v. Donovan) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Donovan, 291 A.2d 116, 447 Pa. 450, 1972 Pa. LEXIS 550 (Pa. 1972).

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Opinion

Opinion by

Mr. Justice O’Brien,

Appellant, Edward J. Donovan, at age sixteen, was found guilty of second-degree murder on February 2, 1970, after a non jury trial. The Commonwealth had certified that the case was not one of first-degree murder. After denial of his post-trial motions, appellant was sentenced to a term of six to twenty years.

On appeal, appellant raises only one issue. He contends that the trial judge committed reversible error Avhen he permitted the Commonwealth to introduce testimony concerning the good character and reputation of the Adctim, Arthur Eliot, a seventeen-year-old boy whom appellant had stabbed during an altercation on a public street.

The argument is made Avith reference to the testi mony of Arthur Eliot’s father, mother, and some of his high school friends, all of whom testified in the Commomvealth’s case in chief that Arthur was a peaceful, law-abiding youngster, who did not belong to any gang or engage in fighting. Appellant contends that the admission of such testimony violates the well-established principle of laAV that evidence showing the character or reputation of the deceased may not be given by the Commonwealth in its case in chief before such character or reputation has been attacked by the defendant. Commonwealth v. Castellana, 277 Pa. 117, 121 A. 50 (1923).

However, the appellant failed to object to the testimony in question when it was offered and made no mention of this issue during argument on his post-trial motions. He cannot raise the issue for the first time on appeal: Commonwealth v. Jacobs, 445 Pa. 364, 367, *452 284 A. 2d 717, 719 (1971) ; Commonwealth v. Bittner, 441 Pa. 216, 221, 272 A. 2d 484, 487 (1971).

Judgment of sentence affirmed.

Mr. Justice Nix and Mr. Justice Manderino concur in the result. Mr. Justice Pomeroy took no part in the consideration or decision of this case.

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Opinion by

Mr. Justice O’Brien,

Appellant, Edward J. Donovan, at age sixteen, was found guilty of second-degree murder on February 2, 1970, after a non jury trial. The Commonwealth had certified that the case was not one of first-degree murder. After denial of his post-trial motions, appellant was sentenced to a term of six to twenty years.

On appeal, appellant raises only one issue. He contends that the trial judge committed reversible error Avhen he permitted the Commonwealth to introduce testimony concerning the good character and reputation of the Adctim, Arthur Eliot, a seventeen-year-old boy whom appellant had stabbed during an altercation on a public street.

The argument is made Avith reference to the testi mony of Arthur Eliot’s father, mother, and some of his high school friends, all of whom testified in the Commomvealth’s case in chief that Arthur was a peaceful, law-abiding youngster, who did not belong to any gang or engage in fighting. Appellant contends that the admission of such testimony violates the well-established principle of laAV that evidence showing the character or reputation of the deceased may not be given by the Commonwealth in its case in chief before such character or reputation has been attacked by the defendant. Commonwealth v. Castellana, 277 Pa. 117, 121 A. 50 (1923).

However, the appellant failed to object to the testimony in question when it was offered and made no mention of this issue during argument on his post-trial motions. He cannot raise the issue for the first time on appeal: Commonwealth v. Jacobs, 445 Pa. 364, 367, *452 284 A. 2d 717, 719 (1971) ; Commonwealth v. Bittner, 441 Pa. 216, 221, 272 A. 2d 484, 487 (1971).

Judgment of sentence affirmed.

Mr. Justice Nix and Mr. Justice Manderino concur in the result. Mr. Justice Pomeroy took no part in the consideration or decision of this case.

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Bluebook (online)

291 A.2d 116, 447 Pa. 450, 1972 Pa. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-donovan-pa-1972.

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