Commonwealth v. Kellam

TAMILIA, Judge:

Appellant, John Barry Kellem, appeals from the judgment of sentence of from ninety (90) to two hundred and forty (240) months’ imprisonment entered on October 29, 1997, following appellant’s convictions of murder of the third degree 1 and endangering the welfare of a child. 2 Appellant first claims the jury’s verdict was not supported by sufficient evidence and/or is against the weight of the evidence because appellant did not have a legal duty of care towards the deceased infant and because the evidence showed that appellant did not have custody of the child. Second, appellant…