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COMMONWEALTH PENNSYLVANIA v. CHARLES KING (06/28/88)

submitted: June 28, 1988.

COMMONWEALTH OF PENNSYLVANIA
v.
CHARLES KING, APPELLANT



Appeal from the Judgment of Sentence entered January 28, 1988 in the Court of Common Pleas of Montgomery County, Criminal Division, Nos. 152-87 & 152.1-87 Thru 152.4-87.

COUNSEL

Douglas M. Johnson, Assistant Public Defender, Collegeville, for appellant.

Mary M. Killinger, Assistant District Attorney, Norristown, for Com., appellee.

Tamilia, Kelly and Hester, JJ.

Author: Kelly

[ 378 Pa. Super. Page 554]

Appellant, Charles King, appeals from judgment of sentence imposed following his conviction of attempted homicide and violation of the Uniform Firearms Act. We affirm.

On December 11, 1986, appellant approached his estranged wife as she returned home from work, grabbed her arm, and asked, "Can't we settle this out of court?" His wife had separated from him, and had filed for a protective order under the Protection from Abuse Act, 35 P.S. ยง 10181 et seq. Appellant then produced a revolver, placed it against his wife's head, and told her not to scream. She broke loose and tried to flee. Appellant then shot his wife in the back. She was able, however, to reach the relative safety of her home, which was less than a city block from

[ 378 Pa. Super. Page 555]

    where she was shot. Police and an ambulance soon arrived. She identified appellant as her assailant and was taken to the hospital.

Appellant was arrested and charged with attempted murder, violation of the Uniform Firearms Act and related offenses. At trial, appellant's wife testified against appellant. Her testimony was partially corroborated by two disinterested eyewitnesses and by the doctor who performed emergency surgery on her on the night of the shooting. The jury convicted appellant of attempted murder and violation of the Uniform Firearms Act.

Post-verdict motions were filed, argued, and denied. A pre-sentence investigation report was prepared, and on January 28, 1988, appellant was sentenced to a term of imprisonment of five to ten years imprisonment and a consecutive five year term of probation. This timely appeal followed.

The sole issue raised on appeal is whether trial counsel was ineffective in failing to object to a question asked of an expert witness by the trial court after direct, cross, re-direct, and re-cross examination of the expert witness had been concluded. Appellant contends that counsel was ineffective for failing to object to the following exchange:

BY THE COURT: "Dr. Clement, in your opinion was this patient -- did the conduct that resulted in these injuries place this patient in ...


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