Commonwealth v. Martin

Opinion by

Mr. Justice Roberts,

On September 16, 1968, appellant was convicted by a jury of second degree murder. Post-trial motions were filed and denied, and appellant was sentenced to serve a term of five to twenty years. This appeal followed and we affirm.

The evidence produced at trial indicates that on the morning of January 20, 1968, appellant entered a tavern in Philadelphia where decedent was tending bar. An argument developed between appellant and the decedent, during which the decedent came around from behind the bar, threw several punches at appellant, and then retrieved a club from…