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COMMONWEALTH PENNSYLVANIA v. DAVID EVANS (05/31/79)

SUPREME COURT OF PENNSYLVANIA


decided: May 31, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
DAVID EVANS, APPELLANT

No. 278 January Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal, of Lackawanna County, at No. 17 of 1968.

COUNSEL

John J. Dunn, Sr., Public Defender, Lackawanna Co., Scranton, for appellant.

Paul R. Mazzoni, Dist. Atty., Charles F. Wilson, Asst. Dist. Atty., Lackawanna Co., for appellee.

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

Author: Per Curiam

[ 485 Pa. Page 235]

OPINION OF THE COURT

Appellant, David Evans, was tried by a judge sitting without a jury for the October, 1968, homicide of Mabel Louise McLaughlin in Scranton. Appellant was found guilty of murder of the first degree. Post-verdict motions were denied and appellant was sentenced to life imprisonment for the conviction of murder of the first degree. At the time of sentence, appellant was confined to the state mental institution at Farview. The trial court ordered that appellant continue his confinement and treatment at Farview until such time as the staff at Farview determined that appellant could be transferred to a state correctional institution. This direct appeal followed.

Appellant raises three arguments:

1. The court erred in finding that appellant was sane at the time of the homicide.

2. The court erred in that the "judgment was against the weight of the law"; and

3. The Commonwealth failed to prove all of the elements of the crime of murder of the first degree.

[ 485 Pa. Page 236]

We have examined the record in this case and find appellant's allegations of error to be meritless.

Judgment of sentence affirmed.

19790531

© 1998 VersusLaw Inc.



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