Criminal Law — Shooting with intent to murder — Evidence — Trial before judge without jury — Appeal after withdrawal of motion for new trial.
In this case, in which it appeared that defendant was convicted before the trial judge, sitting without a jury, on indictments charging him with shooting with intent to kill, committing a crime of violence while armed, and carrying a concealed deadly weapon; that a motion for a new trial was filed by defendant's counsel but was subsequently withdrawn, following which sentence was imposed on the indictment charging shooting with intent to kill and suspended on the other indictments; and that the issues involved were questions of credibility and of fact which had been resolved against defendant by the trial judge's determination that defendant's guilt had been proved beyond a reasonable doubt; it was Held that the judgment of sentence should be affirmed.
Submitted March 20, 1961.
OPINION PER CURIAM, April 4, 1961:
The judgment of sentence of the court below is affirmed on the opinion of Judge SPORKIN, as reported in 23 Pa. D. C.2d 590.