Commonwealth v. Bowden

Opinion by

Mr. Justice Pomeroy,

Following a trial without a jury, appellant was found guilty of second degree murder: A sentence of 5 to 15 years imprisonment was imposed and motion for a new trial was denied. This appeal followed.

Appellant’s argument is that the evidence presented at his trial was insufficient to prove malice. If this were so, the conviction necessarily would have to be reversed, since by definition malice is an essential ingredient of the crime of murder—“an unlawful killing of another with malice aforethought express or implied.” Commonwealth v. Commander, 436 Pa. 532, 536,…