Commonwealth v. Abney

OPINION OF THE COURT

ROBERTS, Justice.

On October 1, 1973, appellant John Abney was found guilty after a non-jury trial of murder in the second degree, aggravated assault and criminal conspiracy. After post-trial motions were denied and judgment of sentence of two to fifteen years imprisonment imposed, direct appeal was taken to the Superior Court. The appeal was transferred to the Supreme Court because of our jurisdiction in homicide cases. 1 While the appeal was pending appellant petitioned this Court to remand the case for an evidentiary hearing. The Commonwealth consented to the request for…