treating venue as an issue of subject matter jurisdiction and declining to find waiver where appellant neglected to request jury charge on jurisdiction because the issue of subject matter jurisdiction cannot be waived
How later courts described this case
- treating venue as an issue of subject matter jurisdiction and declining to find waiver where appellant neglected to request jury charge on jurisdiction because the issue of subject matter jurisdiction cannot be waived
- explaining jurisdiction question may be submitted to jury as fact finder when jurisdiction depends on resolution of certain facts
- rejecting challenge to proper service of the warrant, as required by Pa.R.Crim.P. 2008 (now 208(A)), where the warrant for the seizure of bank records was served upon the bank’s custodian of records
- issue of whether trial court considered improper factors in imposing sentence was waived by defendant’s failure to raise objection either at sentencing hearing or in petition to modify sentence
Written by the judges who cited it.
The opinion
*95 McEWEN, Judge,
concurring:
However extended the pause and however concerned the reflection caused by a harsh sentence, this court is powerless to alter the terms of the sentence. With delivery of that observation, I join in the fine opinion of my esteemed colleague, Judge Frank J. Montemuro, Jr.