COM. v. SWARTZ


335 Pa.Super. 457 (1984)

484 A.2d 793

COMMONWEALTH of Pennsylvania v. John SWARTZ, Appellant.

Supreme Court of Pennsylvania.

Filed November 16, 1984.

Petition for Allowance of Appeal Denied May 7, 1985.


Attorney(s) appearing for the Case

H. Stanley Rebert, York, for appellant.

Floyd P. Jones, Assistant District Attorney, York, for Commonwealth, appellee.

Before SPAETH, President Judge, and CIRILLO and CERCONE, JJ.


CERCONE, Judge:

This is an appeal from the judgment of sentence imposed upon appellant's non-jury conviction for robbery and theft. Appellant raises three contentions on appeal: 1) was the verdict contrary to the evidence, weight of the evidence and to the law; 2) did the court err in refusing to hear his proffered evidence as to diminished capacity; and 3) was the sentence excessive? We affirm.

We must first dispose of appellant's sufficiency claim, since...

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