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COMMONWEALTH v. HOWARD (11/26/73)

decided: November 26, 1973.

COMMONWEALTH
v.
HOWARD, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Carbon County, April T., 1971, No. 25, in case of Commonwealth of Pennsylvania v. Kenneth F. Howard.

COUNSEL

Arnold Sousa, with him Thomas S. McCready, Public Defender, for appellant.

Murray Mackson, First Assistant District Attorney, with him John Deutsch, District Attorney, for Commonwealth, appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 455 Pa. Page 643]

The appellant, Kenneth Howard, was found guilty by a jury of murder in the second degree. Post-trial motions were denied and he was sentenced to a term of eight to sixteen years imprisonment. This direct appeal followed. We affirm the judgment of sentence. We have considered the appellant's assignments of error and conclude that they are without merit. The trial court's comments on the evidence were not error. Commonwealth v. Chester, 410 Pa. 45, 188 A.2d 323 (1963); Commonwealth v. Elliott, 292 Pa. 16, 140 A. 537 (1928). The trial court's charge on the inference

[ 455 Pa. Page 644]

    of malice was proper. Commonwealth v. Gibbs, 366 Pa. 182, 76 A.2d 608 (1950). Other assignments have been considered and are also without merit.

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

19731126

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