Commonwealth v. Bayard

Opinion by

Mr. Justice Nix,

The appellant, James Bayard, was charged with the murder of one Heburn DuBose and, after a trial before a judge and jury, he was convicted of murder in the second degree. Appellant’s post-trial motions were denied and he was sentenced to serve a prison term of eight to twenty years. This direct appeal follows.

Appellant now asserts that the Commonwealth’s evidence was insufficient to support a verdict of second degree murder. A reading of the record discloses the following facts: On June 20, 1971, the appellant and two friends, John Lark and William Starks, attended a…