Supreme Court of Pennsylvania, 1976

Commonwealth v. Banks

Commonwealth v. Banks
Supreme Court of Pennsylvania · Decided January 29, 1976 · Brien, Eagen, Jones, Manderino, Nix, Pomeroy, Roberts
465 Pa. 387; 350 A.2d 819; 1976 Pa. LEXIS 424

Commonwealth v. Banks

Opinion of the Court

*388OPINION OF THE COURT

ROBERTS, Justice.

Appellant James Alfred Banks was found guilty of voluntary manslaughter after a non-jury trial. Judgment of sentence of two to ten years imprisonment was imposed.

On this direct appeal appellant contends, through new counsel, that he did not make a knowing, voluntary and intelligent waiver of his right to trial by jury. He claims that the waiver was invalid because the court failed: (1) to advise appellant that he had a right to assist counsel on the selection of jurors; (2) to explain to appellant the nature of the charges against him; (3) to inquire whether appellant had received psychiatric treatment; and (4) to ask appellant if threats or promises induced his desire to waive jury trial.

We need not decide whether the colloquy here was adequate because appellant’s sole assignment of error was not raised by post-trial motions. The issue is not preserved for appellate review and, therefore, may not be the basis upon which relief can be granted in this appeal. See Commonwealth v. Carter, 463 Pa. 310, 344 A.2d 846 (1975); Commonwealth v. Reid, 458 Pa. 357, 326 A.2d 267 (1974); Commonwealth v. Mitchell, 461 Pa. 555, 337 A.2d 292 (1975); Commonwealth v. Bronaugh, 459 Pa. 634, 331 A.2d 171 (1975); Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

Judgment of sentence affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.