Porter v. Commonwealth

Opinion

WILLIS, J.

On appeal from his bench trial conviction of second de-

gree murder, Michael Lewis Porter contends (1) that the evidence was insufficient as a matter of law to support his conviction, and (2) that the trial court erred in denying his motion for a mistrial. We hold that the evidence was insufficient to support a murder conviction. We reverse Porter’s conviction on that ground and remand the case for further proceedings on a lesser charge if the Commonwealth be so advised. We do not address the mistrial issue.

This case arises out of an incident that occurred on the night of June…