Commonwealth v. Weaver

OPINION OF THE COURT

FLAHERTY, Justice.

On January 13, 1978, in a trial by jury in the Court of Common Pleas of Tioga County, the appellant, Francis Eugene Weaver, was found guilty of murder of the first degree and reckless endangerment. Judgments of sentence, consisting of life imprisonment for the murder conviction and a two year suspended sentence for the reckless endangerment offense, were imposed. The instant appeal ensued.

Trial counsel is alleged to have been ineffective for presenting, without appellant’s consent, a defense of diminished capacity despite appellant’s insistence upon…