Commonwealth v. Cross

Opinion by

Price, J.,

Appellant was convicted, following a non-jury trial on October 30, 1972, of unlawfully carrying a firearm and attempt with intent to kill, and was sentenced to one to five years imprisonment. In this appeal, appellant contends that the evidence presented by the Commonwealth was insufficient to convict appellant of attempt with intent to kill; specifically, appellant alleges that the Commonwealth did not demonstrate the necessary intent to commit murder.

The pertinent testimony, as found by the trial judge, can be summarized as follows: The complainant, a Charles Sewell,…