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decided: May 13, 1975.



Jerome E. Furman, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., B. H. Levintow, Philadelphia, for appellee.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., took no part in the consideration or decision of this case.

Author: Nix

[ 462 Pa. Page 107]


Leroy Newsome was convicted by a jury in the City of Philadelphia on three bills of indictment charging a weapons offense, conspiracy, and murder in the first degree. After a denial of post-trial motions and the imposition of a sentence of life imprisonment under the murder indictment, this appeal followed.*fn1

[ 462 Pa. Page 108]

On September 16, 1972, at about 10:45 P.M., three boys, including the decedent, Nathan Manigo, were walking to their homes in West Philadelphia. They were accosted by three older youths who demanded to know their gang affiliation. When Nathan and his friends denied belonging to any gang, a scuffle ensued. As the younger boys attempted to escape, fourteen-year-old Nathan was fatally shot in the chest.

At 5:05 A.M. the following morning, two police officers arrived at appellant's home and took him to the Police Administration Building, Homicide Headquarters. Leroy Newsome was first contacted by a detective at 6:10 A.M. in an interview room. The detective explained to appellant why he was in custody and gave him his Miranda warnings. At that time, appellant indicated a willingness to talk. Approximately two and one-half hours later, between 8:10 A.M. and 8:30 A.M., after a meal, Leroy Newsome made his first oral admissions of his involvement in the shooting. In the course of his statement, appellant admitted that he did the actual shooting. He remained in custody while the officer continued their investigations seeking the whereabouts of the murder weapon. That afternoon between 4:30 and 6:20 P.M., after several polygraph tests, appellant gave a signed, written statement detailing the entire incident.

In this appeal, appellant has raised several allegations of error. We find them all to be without merit. Accordingly we affirm the judgment of sentence.

Relying on Pa.R.Crim.P. 118 (now Rule 130), 19 P.S.Appendix, and this Court's decision in Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972), appellant contends that the introduction of the oral and written statements into evidence was error. Leroy Newsome's claim of unnecessary delay was raised for the first time in post-trial motions. In view of the fact that appellant's suppression hearing took place one year after

[ 462 Pa. Page 109]

    expert testimony. He will be permitted to submit his conclusions where it is shown that by training and experience he is qualified to give an expert opinion on the basis of the ballistic tests which he himself conducted. It is not necessary that the test be conducted in the presence of the jury nor is it required that the expert submit to the jury the actual test materials. It was not error to refuse to compel the state to produce the test bullet." Roberts v. State, 164 So.2d 817, 820 (Fla.1964) (and cases cited therein).

See also Gaines v. State, 272 So. 919, 921 (Miss.1973); 26 ALR2d 874, 899.

Here, the cost and risks of bringing an expensive microscope into the courthouse for the jury to view specimens that they would not understand, without detailed explanation by the expert, clearly justifies the court's refusal of the request.

Finally, appellant has challenged several instances where the trial court refused requested points of charge which included inter alia points on opinion evidence, the duty of a juror to decide for himself, reasonable doubt and appellant's election not to testify. A review of the entire record clearly indicates that the requested points were adequately and correctly covered in the basic charge. Commonwealth v. Walker, 459 Pa. 12, 326 A.2d 311 (1974); Commonwealth v. Stafford, 451 Pa. 95, 301 A.2d 600 (1973); Commonwealth v. Chester, 410 Pa. 45, 188 A.2d 323 (1963). Additionally, a number of the requested points for charge did not reflect an accurate statement of the law.

Judgment of sentence affirmed.

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