Davis v. Commonwealth

I dissent from the opinion of the Court for the reason that the Commonwealth failed to prove beyond a reasonable doubt that the victim was murdered.

At trial, the doctor who testified for appellant stated that it was extremely improbable that the victim died of blunt force trauma to the head as contended by the prosecution. On behalf of the Commonwealth, however, Dr. Nichols testified on direct examination as follows:

Q.52 Were there any other findings?

A. The intracranial examination was performed. There was no identifying external or internal skull fracture associated with the three wounds of…