It is true that "[w]e do not hesitate, in a proper case, where the correct conclusion has been reached but the wrong reason given, to sustain the result and assign the right ground." However, cases in which the party seeking affirmance failed to present the argument in the trial court, such that the trial court did not have an opportunity to rule on the argument, are not "proper cases" for the application of the doctrine. This principle applies in criminal as well as civil cases.
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Because this argument was not made at trial, the Court of Appeals erred when it held that the evidence provided this additional rationale to support Whitehead’s convictions.
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The constructive possession theory was not argued in the trial court or the Court of Appeals. Likewise, the “aiding in concealing” argument was not made in the trial court or the Court of Appeals; nonetheless, the Court of Appeals utilized the theory as a basis for its judgment. The concealment argument is made by the Commonwealth for the first time on appeal in this Court.
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We ... will not consider the constructive possession or concealment theories advanced for the first time on appeal.