COMMONWEALTH v. PHOENIX


217 Pa.Super. 121 (1970)

Commonwealth v. Phoenix, Appellant.

Superior Court of Pennsylvania.

August 6, 1970.


Attorney(s) appearing for the Case

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.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, August 6, 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 ...

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