COM. v. WALLER


498 Pa. 33 (1982)

444 A.2d 653

COMMONWEALTH of Pennsylvania, v. A.C. WALLER, Appellant.

Supreme Court of Pennsylvania.

Decided April 30, 1982.


Attorney(s) appearing for the Case

John H. Corbett, Jr., Chief, Appellate Division, Asst. Public Defender, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Kathryn L. Simpson, Asst. Dist. Atty., for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, McDERMOTT and HUTCHINSON, JJ.


OPINION

NIX, Justice.

This is a direct appeal from the judgment of sentence imposed upon appellant, A.C. Waller, following conviction by the court sitting as the trier of fact, for murder of the third degree.1

Appellant raises two issues in the instant appeal: 1) whether the trial court erred in permitting the Commonwealth to plead surprise and cross-examine its own witness; and 2) whether the evidence was sufficient...

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