COM. v. CUNNINGHAM


301 Pa.Super. 209 (1982)

447 A.2d 615

COMMONWEALTH of Pennsylvania v. Clifford CUNNINGHAM, Appellant.

Supreme Court of Pennsylvania.

Filed April 12, 1982.

Reargument Denied July 26, 1982.


Attorney(s) appearing for the Case

J. Hugh O'Donnell, Philadelphia, for appellant.

Alan Sacks, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before BROSKY, POPOVICH and MONTGOMERY, JJ.


MONTGOMERY, Judge:

This appeal arises from appellant's conviction by a jury of murder in the third degree and his subsequent sentence of three (3) to six (6) years imprisonment. We reverse the judgment of sentence and discharge appellant as there was insufficient evidence to support the conviction.

Appellant's conviction resulted from a charge of accomplice to murder. The Commonwealth's evidence was based on the premise that appellant, in identifying and detaining...

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