Commonwealth v. Smith

OPINION OF THE COURT

ROBERTS, Justice.

This direct appeal1 follows a jury trial in which appellant was found guilty of murder in the second degree. A sentence of 5 to 20 years was imposed. We affirm.

During the late evening and early morning hours of July 3 and 4, 1971, decedent and his friend were in the area of 32nd and York Streets in Philadelphia. Decedent walked over to a man named Tinsley and placed his arm around, his neck and shoulders. Within a few moments, appellant approached and shot decedent. It is undisputed that appellant was the killer. He claims, however, that (1) the discharge…