Commonwealth v. Waller

OPINION

NIX, Justice.

This is a direct appeal from the judgment of sentence imposed upon appellant, A. C. Waller, following conviction by the court sitting as the trier of fact, for murder of the third degree. 1

Appellant raises two issues in the instant appeal: 1) whether the trial court erred in permitting the Commonwealth to plead surprise and cross-examine its own witness; and 2) whether the evidence was sufficient to sustain appel lant’s conviction for murder of the third degree. For the reasons that follow, we affirm.

The pertinent facts surrounding the incident were as follows. During the…