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COMMONWEALTH PENNSYLVANIA v. LUCIUS DAVENPORT (03/23/78)

decided: March 23, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
LUCIUS DAVENPORT, APPELLANT



COUNSEL

Lester G. Nauhaus, Lawrence J. O'Toole, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., Pittsburgh, for appellee.

Eagen, President Judge, and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 476 Pa. Page 597]

OPINION OF THE COURT

On June 26, 1975, appellant, Lucius Davenport, was tried before a judge sitting without a jury and found guilty of murder of the third degree. Post-verdict motions were denied, and appellant was sentenced to a term of imprisonment from eight to twenty years. This direct appeal followed.

Appellant claims (1) that the evidence was insufficient to sustain the conviction; and (2) that he did not knowingly, intelligently and voluntarily waive his right to a jury trial. We have examined these issues and find them to be without merit.

Judgment of sentence affirmed.

19780323

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