Commonwealth v. McFadden

OPINION OF THE COURT

POMEROY, Justice.

The appellant, Francis McFadden, was convicted by a jury of murder in the second degree and assault and battery with intent to murder. His post-trial motions were denied and consecutive sentences of six to twenty years imprisonment for murder and. three and one-half to seven years imprisonment for assault were imposed. This appeal followed.1

*267Although at trial appellant’s defense was that of mistaken identity, it is now conceded in his brief that the Commonwealth’s evidence was sufficient to convict him. In brief, that evidence was that the appellant,…