February 5, 1982
COMMONWEALTH OF PENNSYLVANIA
GREGORY ROBINSON, APPELLANT
No. 2678 Philadelphia, 1980, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at Nos. 267-269 December Term, 1979
Before Wickersham, Beck and Popovich, JJ.
On April 30, 1980, appellant was found guilty of murder in the third degree after a non-jury trial before the Honorable Charles P. Mirarchi. The sole issue raised in this direct appeal is that the criminal homicide instantly rose no higher than voluntary manslaughter.
We have carefully considered the arguments and brief of counsel and conclude that appellant's claim is totally without merit. The record disclosed that the Commonwealth not only produced inferential evidence of the required malice by proving that appellant shot the victim through the heart, but the Commonwealth proffered direct evidence of malice through witnesses who testified as to appellant's prior threats directed at the victim.
We are satisfied that the evidence abundantly supported the verdict of murder in the third degree.
Judgment of Sentence affirmed.
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