COMMONWEALTH v. CLAIR


458 Pa. 418 (1974)

Commonwealth v. Clair, Appellant.

Supreme Court of Pennsylvania.

October 16, 1974.


Attorney(s) appearing for the Case

D. Patrick Zimmerman, Thomas H. Wentz, III, and Wentz and Weaver, for appellant.

George T. Brubaker, Assistant District Attorney, and Henry J. Rutherford, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE NIX, October 16, 1974:

This appeal raises the question of the applicability of the basic and fundamental error doctrine to the failure to properly preserve trial errors in criminal matters.

Appellant was convicted by a jury of the murder of his wife in the second degree. He was sentenced to a term of imprisonment of not less than seven nor more than fourteen years. This is a direct appeal from the judgment of sentence. Act of July 31...

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