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COMMONWEALTH PENNSYLVANIA v. WALTER SPALLONE (01/28/83)

SUPREME COURT OF PENNSYLVANIA


decided: January 28, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
WALTER SPALLONE, APPELLANT

No. 80-3-620, Appeal of Walter Spallone from judgment of sentence and finding of degree of guilt of the Honorable Bernard C. Brominski of the Court of Common Pleas of Luzerne County relative to Information 2633-b of 1975.

COUNSEL

John J. Thomas, Wilkes-Barre (Court-appointed), for appellant.

Chester B. Muroski, Dist. Atty., Joseph C. Giebus, Asst. Dist. Atty., for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ.

Author: Per Curiam

[ 500 Pa. Page 209]

OPINION OF THE COURT

As a result of a homicide in Luzerne County on November 5, 1975, appellant was arrested and indicted for the murder of the victim. Appellant entered a plea of guilty and was subsequently adjudged guilty of murder of the third degree and sentenced to a term of imprisonment of not less than ten nor more than twenty years.

In this direct appeal, appellant argues that the evidence is insufficient to provide a factual basis for a finding of malice required for conviction of murder and contends that the highest degree of culpability appropriate under the asserted facts would be the crime of voluntary manslaughter and also argues that the sentence imposed was excessive in view of the character of the appellant and the circumstances of the offense. We have considered these arguments and find them to be without merit.

Judgment of sentence affirmed.

19830128

© 1998 VersusLaw Inc.



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