Campbell v. Commonwealth

UPON HEARING EN BANC

Opinion

BARROW, J.

This is a criminal appeal heard by this court sitting en banc. In it we consider the application of the contemporaneous objection rule to a challenge to the sufficiency of evidence of guilt. Also, we address the nature of the evidence necessary to prove the intent required for malicious wounding in a case of child abuse.

We hold that where an issue of sufficiency of evidence is presented to a trial court, sitting without a jury, in a motion to strike at the conclusion of the Commonwealth’s evidence and, upon its denial and upon conclusion of the defendant’s…