Commonwealth v. Fairell

OPINION OF THE COURT

POMEROY, Justice.

Appellant James J. Fairell was convicted at a non-jury trial of murder of the first degree and related weapons offenses. The sole issue in this appeal is whether the evidence at trial was sufficient to meet the Commonwealth’s burden of proving beyond a reasonable doubt specific intent to commit murder, appellant having placed in issue his capacity to form such specific intent due to the use of narcotics.

Appellant was found guilty of murder of the first degree, guilty of possession of an instrument of crime generally, guilty of possession of an instrument…