COM. v. BERNARD


500 Pa. 428 (1983)

456 A.2d 1364

COMMONWEALTH of Pennsylvania, Appellee, v. Warren BERNARD, Appellant.

Supreme Court of Pennsylvania.

Decided March 16, 1983.


Attorney(s) appearing for the Case

Vincent T. Snyder, Philadelphia (Court-appointed), for appellant.

Robert B. Lawler, Chief, Appeals Div., David Da Costa, Asst. Dist. Attys., for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

Appellant, Warren Bernard, appeals from judgment of sentence of four to twenty years for his conviction, by a judge sitting without a jury, of murder of the third degree, arising out of the beating death of his nineteen month old son. The appellant testified at trial that on July 26, 1979, motivated by the child's bed wetting, he struck the child several times about the head and face with a closed fist, thus caused...

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