Appeal from Judgment of Sentence Imposed December 19, 1975 in the Court of Common Pleas, Trial Division, Criminal Section, County of Philadelphia, Pennsylvania at Nos. 1634, 1635 of March, 1975.
Lynne Miller, Assistant Public Defender, Philadelphia, for appellant.
Robert J. Marano, Assistant District Attorney, Philadelphia, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a concurring opinion in which Price, J., joins.
[ 248 Pa. Super. Page 320]
This is an appeal from a judgment of sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County. A jury found appellant guilty of robbery and simple assault. The sole issue raised on appeal is that of the sufficiency of the evidence to support the robbery conviction.
The complainant testified that on February 28, 1975, she went to visit relatives in an apartment building. She encountered appellant, whom she had known for many years, in the lobby. He told her the elevator was broken and headed up the stairs. She followed several minutes later. When she reached the first landing, she again encountered appellant, who pressed something (never identified) against her side and announced a "stickup," adding "Don't holler." Thinking it was a joke, she pushed him away. He walked ahead of her, turned around, grabbed her purse, and ran up the stairs.
The Act of December 6, 1972, P.L. 1482, No. 334, § 1, eff. June 6, 1973, 18 Pa.C.S. § 3701 defines robbery as follows:
"(1) A person is guilty of robbery if, in the course of committing a theft, he
(i) inflicts serious bodily injury upon another
(ii) threatens another with or intentionally puts him in fear of immediate serious bodily injury; or
(iii) commits or threatens immediately to commit any felony of the first or second degree.
(2) An act shall be deemed 'in the course of committing a theft' if it occurs in an attempt to commit theft or in flight ...