COM. v. ROMAN


270 Pa.Super. 450 (1979)

411 A.2d 805

COMMONWEALTH of Pennsylvania v. Martin A. ROMAN, Appellant.

Superior Court of Pennsylvania.

Filed October 12, 1979.


Attorney(s) appearing for the Case

Richard E. Johnson, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Chief, Appeals Division, Philadelphia, for Commonwealth, appellee.

Before WIEAND, NIX and WEKSELMAN, JJ.


NIX, Judge:

Appellant appeals from the judgment of sentence following his conviction on two counts of third degree murder following a jury trial. Although appellant couches his position in terms of two arguments, the thrust of both is that the evidence was insufficient to convict him of third degree murder on both counts because the evidence established a killing in self defense and not a malicious killing.

The test of sufficiency of the evidence is whether...

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