Commonwealth v. Belcher

Supreme Court of Pennsylvania

Commonwealth v. Belcher

340 A.2d 435, 462 Pa. 206, 1975 Pa. LEXIS 870

CourtSupreme Court of Pennsylvania

DecidedJuly 7, 1975

DocketNo. 18

StatusPublished

Cited by2 cases

This text of 340 A.2d 435 (Commonwealth v. Belcher) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Belcher, 340 A.2d 435, 462 Pa. 206, 1975 Pa. LEXIS 870 (Pa. 1975).

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Opinion

OPINION OF THE COURT

PER CURIAM.

Appellant was found guilty of murder in the first degree after a trial by jury. In this appeal he rais[207]*207es two issues. First, he alleges that the trial judge improperly instructed the jury. However, trial counsel made no objection to the charge as given, and this first issue, therefore, is beyond our consideration. Pa.R. Crim.P. 1119(b), 19 P.S. Appendix, and Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

Appellant next argues that the evidence was insufficient as a matter of law to convict him of murder in the first degree. He contends that the Commonwealth’s evidence on the specific intent to kill was deficient. Viewing, as we must, the evidence in a light most favorable to the Commonwealth, we find the evidence presented to be sufficient beyond a reasonable doubt. See, e. g. Commonwealth v. Bederka, 459 Pa. 653, 331 A.2d 181 (1975); Commonwealth v. Hornberger, 441 Pa. 57, 270 A.2d 195 (1970); and Commonwealth v. Stukes, 435 Pa. 535, 257 A.2d 828 (1969).

Judgment of sentence affirmed.

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OPINION OF THE COURT

PER CURIAM.

Appellant was found guilty of murder in the first degree after a trial by jury. In this appeal he rais[207]*207es two issues. First, he alleges that the trial judge improperly instructed the jury. However, trial counsel made no objection to the charge as given, and this first issue, therefore, is beyond our consideration. Pa.R. Crim.P. 1119(b), 19 P.S. Appendix, and Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974).

Appellant next argues that the evidence was insufficient as a matter of law to convict him of murder in the first degree. He contends that the Commonwealth’s evidence on the specific intent to kill was deficient. Viewing, as we must, the evidence in a light most favorable to the Commonwealth, we find the evidence presented to be sufficient beyond a reasonable doubt. See, e. g. Commonwealth v. Bederka, 459 Pa. 653, 331 A.2d 181 (1975); Commonwealth v. Hornberger, 441 Pa. 57, 270 A.2d 195 (1970); and Commonwealth v. Stukes, 435 Pa. 535, 257 A.2d 828 (1969).

Judgment of sentence affirmed.

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340 A.2d 435, 462 Pa. 206, 1975 Pa. LEXIS 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-belcher-pa-1975.

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