decided: March 14, 1979.
COMMONWEALTH OF PENNSYLVANIA
BRUCE BRINTON, APPELLANT
No. 174 January Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Pennsylvania, Criminal Division, No. 429 September Session, 1974
H. Edward Solum, Jr., Folcroft, for appellant.
Frank T. Hazel, Dist. Atty., Sandra L. Gross, Ass't Dist. Atty., Media, for appellee.
Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Eagen, C. J., and O'Brien, J., did not participate in the consideration or decision of this case.
Author: Per Curiam
[ 484 Pa. Page 70]
OPINION OF THE COURT
This is an appeal from appellant's conviction by a jury of third degree murder. Appellant has raised the following claims:
(1) the evidence is insufficient to sustain the conviction of murder of the third degree;
[ 484 Pa. Page 71]
(2) the inference of malice flowing from the use of a deadly weapon on a vital part of the body violates due process;
(3) the trial court erred in permitting the prosecutor to question defense witness as to whether the witness made use of polygraph tests in conducting a psychiatric examination;
(4) the trial court did not properly charge the jury on voluntary manslaughter; and
(5) the trial court erred by commenting in opening remarks that the prosecution would not seek the death penalty.
We have reviewed each of these issues and find them either to have been waived or to be without merit. We have also considered the issues raised in appellant's pro se Supplemental Brief and Additional Supplemental Brief. These include claims of ineffective counsel and after discovered evidence. We find no merit to these issues.
The judgment of sentence of the Court of Common Pleas is affirmed.
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