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COMMONWEALTH PENNSYLVANIA v. LARRY JEROME FLOYD (05/25/82)

decided: May 25, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
LARRY JEROME FLOYD, SR., APPELLANT



No. 80-3-426, Appeal from Judgment of Sentence of the Court of Common Pleas of the Second Judicial District at No. 1456 of 1978.

COUNSEL

Robert A. Longo, Lancaster (Court-appointed), for appellant.

Edward F. Browne, Jr., Asst. Dist. Atty., for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ.

Author: Flaherty

[ 498 Pa. Page 163]

OPINION OF THE COURT

Larry Jerome Floyd, Sr., appeals from judgment of sentence after denial of post-trial motions from a conviction of murder of the third degree in a shooting death in which he raised the defense of accidental shooting of his weapon. On this direct appeal, appellant challenges the admissibility of expert ballistics testimony and the use at trial by the Commonwealth of a weapon similar to that used in the shooting as evidence tending to rebut the proposition that the shooting was accidental. The issues raised by appellant are controlled by our recent decision in Commonwealth v. McAndrews, 494 Pa. 157, 430 A.2d 1165 (1981) which established the propriety of such evidence in attempting to rebut a claim of accidental shooting.

Accordingly, we affirm.

19820525

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