Appeal from judgment of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1972, Nos. 1571, 1572, and 1573, in case of Commonwealth of Pennsylvania v. Clarence E. Hines, a/k/a Eddie McClure.
Laurence J. Di Stefano, Jr., and Glickman & Dranoff, for appellant.
James Garrett, David Richman, 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 Van der Voort, J.
[ 230 Pa. Super. Page 291]
The Appellant, Clarence E. Hines (also known as Eddie McClure) was found guilty of several charges, including aggravated robbery, arising out of an incident on a Philadelphia street in February, 1972. He files this direct appeal following denial of his posttrial motions by the court below. The Appellant raises two claims:
(1) The evidence was insufficient to support the conviction; and
(2) No probable cause existed for his arrest.
Our review of the record leads us to the conclusion that both claims lack merit.
The Appellant was tried by a jury, and on an appeal challenging the sufficiency of the evidence, it is well established that we must accept as true all of the Commonwealth's evidence, and reasonable inferences arising therefrom, in determining whether the jury could have properly found guilt beyond a reasonable doubt. Commonwealth v. Walley, 225 Pa. Superior Ct. 465, 310 A.2d 381 (1973). The record in the instant case, viewed in that light, reveals that in the early evening of February 3, 1974, a cab driver was hired by two men, who the cab driver later positively identified
[ 230 Pa. Super. Page 292]
at trial as the Appellant and his co-defendant. They directed him to drive to the 6200 block of Lebanon Avenue, and when they arrived there asked that he wait for them. He showed hesitancy about doing this, so the Appellant offered him a five dollar tip, which apparently quickly changed his mind. Before leaving the cab, the Appellant carefully instructed the driver as to exactly where the cab was to be parked and in what direction it was to be headed.
A few minutes after his passengers left the cab, the driver heard screams from the direction in which they had departed. He got out of his cab to investigate, and "approximately four car lengths away", he observed a "scuffle" in front of a fruit store; he continued to approach and moved to within ten feet of the participants. He observed the Appellant holding a man on the ground and beating him with the butt of a gun. The man turned out to be the proprietor of the fruit store; the other passenger (the co-defendant) stood nearby during this beating. The two assailants noticed the cab driver watching them and moved towards him. Fearing for his safety, the cab driver ran to his cab, jumped in, and rode down Lebanon Avenue. At 61st Street he ...