John J. Dean, John R. Cook, Nancy N. Nowlis, Pittsburgh, for appellant.
John J. Hickton, Dist. Atty., Robert L. Eberhardt, Asst. Dist. Atty., John M. Tighe, First Asst. Dist. Atty., Pittsburgh, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts and Manderino, JJ., concur in the result.
Appellant, Charles Boyd, was indicted on a bill charging murder and voluntary manslaughter. At the conclusion of a trial before a judge and jury, appellant was found guilty of voluntary manslaughter. Post-trial motions were filed and subsequently denied. A sentence of from five to ten years imprisonment was imposed. This appeal followed.
Initially, appellant contends that the evidence adduced at trial was insufficient to support a verdict of voluntary manslaughter.
The task of an appellate court in reviewing the sufficiency claim is to determine 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 accused is guilty of the crime or crimes of which he has been convicted. See Commonwealth v. Bundy, 458 Pa. 240, 328 A.2d 517 (1974); Commonwealth v. Williams, 455 Pa. 539, 316 A.2d 888 (1974); Commonwealth v. Fostar, 455 Pa. 216, 317 A.2d 188 (1974); Commonwealth v. Paquette, 451 Pa. 250, 301 A.2d 837 (1973); Commonwealth v. Oates, 448 Pa. 486, 295 A.2d 337 (1972). Moreover, in passing upon such a claim, the entire trial record must be evaluated and all evidence actually received must be considered, whether the trial rulings thereon were right or wrong. Commonwealth v. Tabb, 417 Pa. 13, 16, 207 A.2d 884, 886 (1965).
The pertinent facts with regard to this appeals as follows.
On January 21, 1973, at approximately 3:10 A.M., officers of the Pitcairn Police Department responded to a call originating from appellant Charles Boyd's residence. Upon arriving at the Boyd home, the officers were informed by the appellant that he had shot his wife while demonstrating to her how to handle a weapon. Entering the bedroom of the Boyd home, the officers observed the victim's partially clothed body in a pool of blood upon the bed. The room was described as being in general disarray with clothes on the floor; other articles of clothing strewn about the foot of the bed; dresser drawers pulled out; three or four suitcases at the foot of the bed; and the receiver of the bedroom telephone disconnected from the base. The weapon, a .38 caliber Smith and Wesson, was found at the foot of the bed.
Homicide detectives confiscated the weapon and observed that there were two spent ...