Legal Opinion · Concurring in part, dissenting in part

Commonwealth v. Bachert

Superior Court of Pennsylvania

Decided October 19, 1979No. 258 and 259Published

1Concurring in part, dissenting in partWieand, Judge

I respectfully dissent from the majority’s conclusion that the evidence was insufficient to support the jury’s finding that appellant’s crime was murder in the first degree. Appellant and Charles Weber were accomplices in the kidnapping and robbing of Thomas R. Welsh. There was evidence from which a jury could find that Welsh was forced out of his vehicle along Interstate Route 81 in Luzerne County. He was then shot three times by Weber, in the arm, the left buttock, and the chest. Appellant stood by and watched. Welsh died as a result of shock and a loss of blood caused by the three gunshot…

2Cases cited25 opinions

  1. Commonwealth v. RigginsSupreme Court of Pennsylvania · 1977
  2. Bernard Austin v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  3. William H. Fuller v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  4. United States v. Walter Swiderski and Maritza De Los SantosCourt of Appeals for the Second Circuit · 1977
  5. Commonwealth v. PolimeniSupreme Court of Pennsylvania · 1977

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