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COMMONWEALTH v. BOWDEN

442 Pa. 365 (1971)

Commonwealth v. Bowden, Appellant.

Supreme Court of Pennsylvania.

April 22, 1971.

Attorney(s) appearing for the Case

Paul Yermish, Alfred P. Filippone, and Girone & Filippone, for appellant.

Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE POMEROY, April 22, 1971:

Following a trial without a jury, appellant was found guilty of second degree murder. A sentence of 5 to 15 years imprisonment was imposed and motion for a new trial was denied. This appeal followed.

Appellant's argument is that the evidence presented at his trial was insufficient to prove malice. If this were so, the conviction necessarily would have to be reversed,...

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