Commonwealth v. Harmon

406 A.2d 775, 267 Pa. Super. 224, 1979 Pa. Super. LEXIS 2444

Opinions

VAN der VOORT, Judge:

Appellant Warren Bruce Harmon was found guilty by a District Justice of disorderly conduct, appealed to Common Pleas Court, where he was found guilty by a jury, then appealed to our Court. We affirm.

Appellant challenges the legality of his arrest and the propriety of the lower court’s “affirmance” of the finding of the District Justice. These issues are waived because of appellant’s failure to file written post-trial motions. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).

Appellant also argues that the Commonwealth failed to prove that his conduct was offensive to the “public”. Although, notwithstanding appellant’s failure to file post-trial motions, the lower court discussed in a general way in its opinion the issue of sufficiency of the evidence, the court did not consider the specific question of whether appellant’s conduct constituted a “public” nuisance. We therefore find that appellant has waived this issue also, by his failure to file written post-trial motions.

Judgment of sentence affirmed.

PRICE, J., files a concurring opinion. SPAETH, J., files a dissenting opinion in which HOFFMAN, J., joins. JACOBS, former President Judge, did not participate in the consideration or decision in this case.