Opinion
Submitted March 7, 1977.
Decided March 23, 1978.
Following conviction for murder of third degree, defendant appealed from judgment of sentence of Court of Common Pleas, Criminal Division of Allegheny County, imposed February 3, 1976 at No. CC7501856-A, Thomas A. Harper, J. The Supreme Court, No. 94 March Term, 1976, held that record established that defendant knowingly, intelligently and voluntarily waived his right to a jury trial.
Judgment of sentence affirmed.
Record established that defendant knowingly, intelligently and voluntarily waived his right to a jury trial.
Lester G. Nauhaus, Lawrence J. O'Toole, Pittsburgh, for appellant.
Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., Pittsburgh, for appellee.
Before EAGEN, President Judge, and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
OPINION OF THE COURT
On June 26, 1975, appellant, Lucius Davenport, was tried before a judge sitting without a jury and found guilty of murder of the third degree. Post-verdict motions were denied, and appellant was sentenced to a term of imprisonment from eight to twenty years. This direct appeal followed.
Appellant claims (1) that the evidence was insufficient to sustain the conviction; and (2) that he did not knowingly, intelligently and voluntarily waive his right to a jury trial. We have examined these issues and find them to be without merit.
Judgment of sentence affirmed.