COMMONWEALTH v. DAVIS


470 Pa. 193 (1977)

368 A.2d 260

COMMONWEALTH of Pennsylvania v. James DAVIS, Appellant.

Supreme Court of Pennsylvania.

Decided January 28, 1977.


Attorney(s) appearing for the Case

John J. Dean, John H. Corbett, Jr., Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., Robert Zunich, Asst. Dist. Atty., for appellee.

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


OPINION OF THE COURT

O'BRIEN, Justice.

Appellant, James Davis, was tried by a judge and jury and found guilty of murder in the third degree. Post-verdict motions were denied and appellant was sentenced to a term of two to five years in a state correctional institution.

The facts surrounding this appeal are as follows. On July 1, 1974, William Moore was shot while entering an all-night store in Pittsburgh. Following the shooting, Moore ran to a car...

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