Commonwealth v. Hicks

OPINION

NIX, Justice.

This is an appeal 1 from a judgment of sentence of five and one-half to twenty years imprisonment entered after a non-jury trial finding appellant guilty of murder of the third degree. See 18 Pa.C.S.A. § 2502(c) (Supp.1978-79).

On the afternoon of August 12, 1976 appellant reported for work at his regular place of employment, the Riley Stoker plant in Erie, Pennsylvania. Appellant worked the second shift (3:30 p. m. to 12 a. m.). At 10:30 p. m., shortly before the end of the second shift, appellant and several of his fellow employees began drinking beer that had been…