Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1969, No. 1258, in case of Commonwealth of Pennsylvania v. John C. Oates.
Abraham J. Brem Levy, for appellant.
William P. Boland, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Nix.
On February 26, 1970, appellant, John C. Oates, was convicted of second degree murder by a jury. Motions for a new trial and in arrest of judgment were denied by a court en banc and a sentence of not less than five nor more than twelve years was imposed on September 15, 1971. This appeal followed.
The record indicates that on February 11, 1969, at approximately 6:00 p.m., a fight erupted between rival gang members in the vicinity of 22nd and Diamond Streets in Philadelphia. The principal combatants were Jerry Yates and Carlton Smith. The appellant who had not been a participant in the affray approached from around the corner brandishing a knife. He immediately encountered Charles Reeves, a bystander, and slashed at him with the knife, ripping the arm of his jacket. Appellant next stabbed James Thompson, another observer, in the arm. Oates then advanced upon Jerry Yates and struck him in the chest with his right hand, the hand which contained the knife. Yates ran and was pursued by the appellant who returned seven minutes later and, while still holding the knife, raised his hand over his head and shouted: "This is Norris Street!"
A short time thereafter the body of Jerry Yates was found by the police on the pavement near the corner of Susquehanna and Van Pelt Streets lying face up in
a pool of blood. The youth was immediately transported to Temple University Hospital where he was pronounced dead on arrival. An autopsy was performed and the cause of death was determined to be two stab wounds of the chest which resulted in fatal hemorrhaging.
Appellant's version of the incident was that as he approached 22nd and Diamond Streets he saw a group of twelve boys walking towards him. He says one of the group ran out of the crowd and punched him and another shouted "shoot, shoot". At this point, appellant reached into his back pocket, pulled out his knife, and stabbed someone either in the stomach or chest. He then pushed off his assailant and ran home, being pursued by the group which had attacked him. Upon reaching home, he talked the matter over with his wife and decided to surrender to the police which, in fact, he did.
Appellant's sole contention is that the evidence adduced at trial was insufficient to support the verdict of the jury finding him guilty of murder in the second degree. We do not agree.
The test for the sufficiency of the evidence to support a murder conviction is well settled. We have held "that the test of the sufficiency of the evidence -- irrespective of whether it is direct or circumstantial, or both -- is whether, accepting as true all the evidence and all reasonable inferences therefrom, upon which if believed the jury could properly have based its verdict, it is sufficient in law to prove beyond a reasonable doubt that the defendant is guilty of the crime or crimes of which he has been convicted." Commonwealth v. Frye, 433 Pa. 473, 481, 252 A.2d 580, 584 (1969) ...