Commonwealth v. Horner

*568OPINION

LARSEN, Justice.

On November 22, 1978, a jury convicted appellant James Horner of murder of the third degree, criminal conspiracy and simple assault for his participation in the shooting death of Robert Mendel and the assault on his wife, Nancy Mendel. Appellant was subsequently sentenced to concurrent terms of imprisonment of 81/2 to 17 years for the murder, 3 to 6 years for the conspiracy, and 1 to 2 years for the assault. Post-verdict motions were denied and this direct appeal followed.1

I. Appellant first contends that the evidence is insufficient to support his conviction for murder…