COM. v. WALTER


849 A.2d 265 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Troy WALTER, Sr., Appellant.

Superior Court of Pennsylvania.

Filed April 27, 2004.


Attorney(s) appearing for the Case

Susan M. Schwartz, Sunbury, for appellant.

John P. Muncer, Asst. Dist. Atty., Sunbury, for Com., appellee.

Before: DEL SOLE, P.J., JOYCE and KLEIN, JJ.


DEL SOLE, P.J.

¶ 1 This is an appeal from a judgment of sentence of life imprisonment imposed after a jury found Appellant guilty of first degree murder in the shaking death of his infant son. We reverse and remand for a new trial.

¶ 2 Appellant presents four issues for our review. He alleges that the evidence does not support a first degree murder conviction because malice was not established. He also questions whether the trial court improperly...

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