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Posted by / 11-Nov-2020 10:22

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Did the trial court err by denying trial counsel's request to impeach the commonwealth's witness by way of the whole of the witness' criminal history when the witness, in response to the prosecutor's question, said that he was being imprisoned for a drunk-driving conviction? ¶ 6 First, Dale argues that because the Commonwealth failed to introduce expert medical testimony establishing that the victim was in danger of death or suffered serious bodily injury, the evidence was insufficient to convict him of attempted murder and aggravated assault. ¶ 7 Our standard of review of a sufficiency claim is well settled: A claim challenging the sufficiency of the evidence is a question of law. Evidence will be deemed sufficient to support the verdict when it establishes each material element of the crime charged and the commission thereof by the accused, beyond a reasonable doubt. And he come around and I seen the shiny something, and he come around and cut my throat. ¶ 13 The above testimony more than adequately demonstrates Dale's intent to murder Selders, and the substantial steps he took toward the accomplishment of his objective. 1995) (affirmed conviction of attempted murder that was supported by evidence of intent to kill, and proof of substantial steps taken to cause death, regardless of evidence that defendant did not aim or fire gun at intended victim and no injury occurred). ¶ 15 Finally, Dale claims that the trial court erred when it refused to permit him to cross-examine a Commonwealth witness regarding prior convictions that were not crimen falsi convictions. Moreover, we fail to see how escape meets the requirements for a crime of crimen falsi. The Commonwealth moved to preclude evidence that he was then a prisoner. The defense argued that the alleged minor nature of the offense of driving while intoxicated required us to inform the jury of Mr. Selders said that Dale loaned him his gloves and offered to spot for him, immediately prior to the incident. Then when I had the weights up above my head, James Dale jumps on my side here, on my left leg, right in here, he jumped on me and at the same time Eric Grabbed by head and pulled it back. Thus, Dale's claim regarding the insufficiency of evidence for aggravated assault must also fail. However, this Court has also found that sexual offenses, such as rape and prostitution, are not crimen falsi crimes and, therefore, convictions for sexual offenses may not be used to impeach the credibility of a witness. Dale was unable to find any support for his argument that the crime of escape is a crimen falsi crime, Appellant's Brief, at 13, and we also found none. ¶ 18 We agree with the opinion of the trial court that it, "did not commit `error' by limiting impeachment of Mr. At the time his testimony was given the maximum term of the state sentence had expired.There must be an authorized 313 form on file for each child.

Embracing is permitted at the beginning and end of each visit. are permitted on Thursday through Sunday only, and state approved holidays that fall on Monday.It may take time to locate an individual inmate for a visit, so please be patient. D., passport, citizenship or naturalization card, Liquor Control Board or Commonwealth non-driver I. Identification beyond the expiration date will not be acceptable.The New Hampshire court imposed a sentence of sixty to one hundred twenty years. On the way by I told him who did it, because I thought I was dying. I didn't know Eric's last name, but I know it was Eric, and told him James Dale and the other guy from New Hampshire so he knew who did it, because in my mind I was dead. Therefore, Dale's first claim regarding the insufficiency of the evidence for attempted murder must fail. Several of these convictions dated from the early 1970s. ¶ 19 For the reasons set forth above, we find the evidence sufficient to sustain Dale's convictions for attempted murder and aggravated assault and we find no abuse of discretion in the learned trial court's limitation on the cross-examination of a Commonwealth witness to crimen falsi convictions. ¶ 3 On August 18, 2000, a criminal complaint was filed against Dale, charging him with attempted murder and related offenses. ¶ 14 Similarly, Dale argues that without expert medical testimony regarding the seriousness of the bodily injury incurred by Selders, the evidence was insufficient to convict him of aggravated assault. The conviction for aggravated assault, being a lesser included offense, is supported by the same facts which support Dale's conviction for attempted murder, since the elements of aggravated assault are necessarily included in the offense of attempted murder and merge with it for sentencing purposes.

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