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JACKSON APPEAL (03/20/69)

decided: March 20, 1969.

JACKSON APPEAL


Appeal from order of County Court of Philadelphia, Nos. CC113321 and J 141672, in the matter of Phillip Jackson.

COUNSEL

Irene H. Cotton, for appellant.

James D. Crawford, Assistant District Attorney, with him Lewis P. Mitrano, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Hoffman, J. Wright, P. J., and Watkins, J., would affirm on the opinion of Judge Gutowicz below.

Author: Hoffman

[ 214 Pa. Super. Page 157]

This is an appeal from an adjudication of delinquency on the charge of conspiracy for assault with intent to kill.

[ 214 Pa. Super. Page 158]

Appellant maintains that the evidence introduced at his trial was insufficient to support this order. The evidence introduced by the Commonwealth consisted solely of the testimony of the complainant. In the light most favorable to the Commonwealth, it may be summarized as follows:

On December 4, 1967, complainant, 13 years old, was approached at 5:00 p.m. on a Philadelphia street by appellant, age 16, who engaged him in conversation. Complainant testified that appellant "started talking to me. And he walked up to me first, and these guys, they walked up behind me. He was standing on the side of me, talking to me, and then the boy that was behind me, he had a zip, and he shot it. I didn't know, you know. And then he kept talking to me, and then he told me to take off my jacket, and I took it off. And then he asked me was I bleeding. And then I said no. And then these other guys -- this guy was walking down the street on the other side of the street. So then the other guys, they walked around the street, and that's all that happened."

Further, he added "And then I think that's about when I heard the shot, and I snatched my arm, like this (indicating), and then (appellant) said, 'Have you ever been shot before?' And I said no.

"Then he said, 'You're bleeding ain't you?' And then he said, 'Take off your jacket.' And I took off my jacket, and I had on a sweater.

"And then he said, 'Are you bleeding?' and like this (indicating). And I said no. And then that's when I saw the guy on the other side of the street, some guy I knew. And then he said something else, and then he went across the street with the guy on the other side of the street, and they walked off."

At no time did complainant notice any communication between appellant and the assailants or any weapon ...


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