Commonwealth v. Osborne

Opinion by

Mr. Justice Roberts,

This is a direct appeal from a second degree murder conviction and sentence thereon for which appellant is currently serving a five to fifteen year imprisonment. Appellant presents several alleged errors in the proceedings below, any one of which he contends would justify the grant of a new trial. We shall discuss and decide each of these seriatim.

First, appellant alleges that the failure of the Commonwealth to produce the bullet which inflicted the fatal wound and a second bullet which wounded witness Stephen Caldwell should render his conviction invalid as a…