Schlimme v. Commonwealth

Opinion

ELDER, J.

Albert C. Schlimme, IV (appellant), appeals from convictions for second degree murder and use of a firearm in the commission of a murder. He challenges the giving of a jury instruction on flight. He also contests the sufficiency of the evidence based on the theory that the circumstantial evidence was insufficient to support a finding of guilt beyond a reasonable doubt and failed to exclude every reasonable hypothesis of innocence. For the reasons set forth below, we affirm appellant’s convictions.

The murder victim, Brian Hinchey, was shot in the chest around 1:00 a.m. on April…