Supreme Court of Pennsylvania March 14, 1979, No. 174 (Commonwealth v. Brinton)

OPINION OF THE COURT

PER CURIAM:

This is an appeal from appellant’s conviction by a jury of third degree murder. Appellant has raised the following claims:

(1) the evidence is insufficient to sustain the conviction of murder of the third degree;

*71(2) the inference of malice flowing from the use of a deadly weapon on a vital part of the body violates due process;

(3) the trial court erred in