Malcolm William v. Pennsylvania
JusticiabilityDoctri
Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree
QUESTION(S) PRESENTED ; 1. Whether Appellant should be awarded an arrest of judgement on the charge of Murder in the Third Degree, as . ; there is insufficient evidence to sustain the verdict, The ~ 7 Commonwealth did not prove that the Appellant brought the . ; gun to the fight or caused it to fire during the fight. ~ Moreover, thé Commonwealth did not prove, by sufficient ; ' evidence that the Appellant acted with malice and, hence, 7 . > the Commonwealth has failed to prove the elements of the a crimé. An arrest of judgement must be ‘rewarded. : | (suggested answer: yes) . 2. In the alternative, whether Appellant be awarded a ; . new trial as the greater weight of the evidence does not ~ . : support the verdict. The greater weight did not support any proposition finding the Appellant guilty as the principal, . ; and the greater weight of.the evidence did not support any , ; ; findings of malice, and, hence, a new trial is required. ; : The verdict was based on speculation, conjecture and surmise ; (suggested answer: yes ) ; 4 ; ee , 3.. Did the Court err when it denied the Appellant's Motion in Limine to exclude the introduction into evidence ‘a statement by the deceased that the Appellant had a gun as ; . it was hearsay and violated Appellant's Sixth Amendmant right to confrontation. . (suggested answer: yes) .