No. 61 March Term, 1977, Appeal from Order and Judgment of Sentence dated November 5, 1976, of the Court of Common Pleas, Criminal, of Washington County, at No. 714 of 1975.
Sanford S. Finder, Washington, for appellant.
Jess D. Costa, Dist. Atty., Samuel L. Rodgers, Washington, for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Roberts, J., concurs in the result. Manderino, J., did not participate in the consideration or decision of this case.
Appellant, Michael D. Kampo, was convicted of murder of the first degree in the Court of Common Pleas of Washington County and sentenced to life in prison. He now appeals the judgment of sentence.
Appellant does not challenge the sufficiency of the evidence. However, we are required to review this question by the Act of February 15, 1870, P.L. 15, § 2, 19 P.S. § 1187. In doing so, we will follow the standard of review set forth in Commonwealth v. Rose, 463 Pa. 264, 267-68, 344 A.2d 824, 825 (1975):
"The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably
have found that all of the elements of the crime had been established beyond a reasonable doubt. . . . Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. . . . The fact-finder is free to believe all, part, or none of the evidence. . . ." (Citations omitted.)
The Commonwealth's evidence establishes that on July 25, 1975, the decedent, Sherman Edward Armstrong, II, age 15, and his family stopped at a Dari-Delite on Main Street in the Borough of Bentleyville, Washington County. Appellant's home was approximately one hundred yards to the west of the Dari-Delite. The decedent was standing at the Dari-Delite, purchasing an ice cream cone, when a shot was fired from the direction of appellant's house. The decedent was mortally wounded by a bullet that passed through the base of his neck and struck an artery. The time was approximately 4:15 p.m. Two bystanders, Mark Segedi and John McKenna, confirmed that the shot was fired from the direction of appellant's home. The two witnesses also testified that no persons or vehicles were passing the store at the time of the shot. Prior to the shooting, appellant was at Brown's Tavern, where he was served by Mary Jean Kennedy, a barmaid. He was then driven to his home by Franklin Blackburn, appellant's drinking companion.
Kennedy and Blackburn testified that appellant had told them that someone was going to die that day. Blackburn drove appellant to his home at approximately 4:00 p.m. and then went to the Dari-Delite. Shortly after the shooting, appellant appeared at the Dari-Delite, when Blackburn noticed a fresh cut on his forehead near the eye. Appellant asked what had happened. When told of the shooting, he did not react. He then returned to his home. Subsequently, Chief William Stankovich of the Bentleyville Police arrived at the Dari-Delite. Stankovich retrieved a fragment of the jacket of the bullet used ...