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COMMONWEALTH v. JACKSON (09/23/74)

decided: September 23, 1974.

COMMONWEALTH
v.
JACKSON, APPELLANT



Appeals from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1973, Nos. 814 and 815, in case of Commonwealth of Pennsylvania v. Lawrence Jackson.

COUNSEL

LeRoy Larner, for appellant.

Douglas B. Richardson, David Richman, Bonnie B. Leadbetter, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Cercone, J.

Author: Cercone

[ 230 Pa. Super. Page 387]

This is a direct appeal from the appellant's conviction of aggravated robbery and assault and battery, although the jury also found him not guilty of rape and aggravated assault and battery. On this appeal the defendant argues: (1) The evidence was insufficient to support the verdict; (2) The jury was improperly permitted to hear evidence of six prior robbery convictions; (3) The jury's findings of not guilty in the aggravated assault and battery charge, and guilty in the aggravated robbery charge were inconsistent.

I.

We disagree with the appellant's first allegation of error and find that there was sufficient evidence to support the verdicts of guilty for aggravated robbery and assault and battery. The complainant testified that the appellant, a man she had known for some time prior to the incident, uninvitedly entered the house which she shared with her common law husband, two children and another man. Although the appellant had previously

[ 230 Pa. Super. Page 388]

    lived with the complainant and engaged in consensual intercourse with her, the complainant testified that on this occasion the appellant beat her, raped her, and beat her again. Promising to return to "finish her off," the appellant left the bedroom and slammed the door so hard that it jammed, trapping the complainant inside. Immediately thereafter she heard the appellant rambling around in the front room of the house where the stolen items were located prior to the appellant's arrival. They were not there subsequently.

This evidence, while circumstantial in part, was clearly sufficient to support the jury's verdict of guilty of aggravated robbery and assault and battery.

II.

In arguing that the testimony of the appellant's prior criminal convictions should have been excluded, the appellant cites Commonwealth v. Bighum, 452 Pa. 554 (1973), which established a balancing test to replace the former rule allowing impeachment by proof of all felonies and misdemeanors crimen falsi. See also Luck v. U. S., 348 F. 2d 763 (D.C. ...


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