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COMMONWEALTH PENNSYLVANIA v. HUBERT BLOUNT (03/17/76)

decided: March 17, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
HUBERT BLOUNT, APPELLANT (TWO CASES)



COUNSEL

Irving W. Singer, Philadelphia, for appellant.

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

Jones, C. J. and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Manderino

[ 466 Pa. Page 371]

OPINION

Appellant, Hubert Blount, was convicted of murder in the first degree and aggravated robbery. Following denial of post-verdict motions, appellant was sentenced to life imprisonment for murder and to a term of ten to

[ 466 Pa. Page 372]

    twenty years imprisonment for aggravated robbery. This appeal followed.

Appellant contends that the evidence was insufficient to sustain the guilty verdict. We do not agree. We have reviewed the record, accepting as true all of the evidence favorable to the prosecution and the reasonable inferences arising therefrom, and are satisfied that the evidence was sufficient to prove the appellant's guilt beyond a reasonable doubt. Commonwealth v. Bederka, 459 Pa. 653, 331 A.2d 181 (1975); Commonwealth v. Pitts, 450 Pa. 359, 301 A.2d 646 (1973); Commonwealth v. Williams, 443 Pa. 85, 277 A.2d 781 (1971).

The prosecution's brief in this appeal provides the following summary of the evidence presented at trial. That summary is accurate and is sustained by the record.

"The evidence established that on July 2, 1972, in the early morning, appellant was riding in a white 1960 Oldsmobile in the vicinity of Germantown and Allegheny Avenues in Philadelphia with Larry Williford, Herbert Johnson, Carl Johnson and a girl. Larry Williford testified that appellant said that he was ready to do something because he wasn't feeling good and wanted to get some money. When they drove past the White Tower Restaurant near the corner of Germantown and Allegheny Avenues, appellant said, 'This is a nice place to take off.' Williford said that there were too many police around, but appellant insisted. Appellant told Williford to go around the corner and he would get out of the car. Williford stopped the car on 12th Street and everyone got out. Williford saw appellant take something like a piece of steel or a gun from his pocket. At trial, Williford identified the shotgun recovered by the police as the object appellant took from his pocket. Williford also observed appellant, take a green shell out of a cigarette pack. Williford gave the car keys to his cousin Herbert Johnson, and observed appellant, Herbert Johnson and Carl

[ 466 Pa. Page 373]

Johnson walk up Allegheny Avenue through a school yard toward the ...


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