Summary
In Commonwealth v. Harris, 194 Pa. Super. 600, 169 A.2d 576 (1961), we affirmed per curiam on the opinion of the lower court a conviction under 18 Pa.C.S.A. § 4711 for shooting with intent to murder.
Summary of this case from Commonwealth v. WhiteOpinion
March 20, 1961.
April 4, 1961.
Criminal Law — Shooting with intent to murder — Evidence — Trial before judge without jury — Appeal after withdrawal of motion for new trial.
In this case, in which it appeared that defendant was convicted before the trial judge, sitting without a jury, on indictments charging him with shooting with intent to kill, committing a crime of violence while armed, and carrying a concealed deadly weapon; that a motion for a new trial was filed by defendant's counsel but was subsequently withdrawn, following which sentence was imposed on the indictment charging shooting with intent to kill and suspended on the other indictments; and that the issues involved were questions of credibility and of fact which had been resolved against defendant by the trial judge's determination that defendant's guilt had been proved beyond a reasonable doubt; it was Held that the judgment of sentence should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 460, Oct. T., 1960, from judgment of Court of Quarter Sessions of the Peace of Philadelphia County, April T., 1960, No. 376, in case of Commonwealth of Pennsylvania v. John D. Harris. Judgment affirmed.
Same case in court below: 23 Pa. D. C. 2d 590.
Indictment charging defendant with shooting with intent to kill, committing a crime of violence while armed, and carrying a concealed deadly weapon. Before SPORKIN, J., without a jury.
Verdict of guilty; judgment of sentence entered on charge of shooting with intent to kill, and sentence suspended on other charges. Defendant appealed.
John D. Harris, appellant, in propria persona.
Patrick F. Casey and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
Submitted March 20, 1961.
The judgment of sentence of the court below is affirmed on the opinion of Judge SPORKIN, as reported in 23 Pa. D. C.2d 590.