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COMMONWEALTH PENNSYLVANIA v. JOHNNY LEE ELLIS (11/02/78)

SUPREME COURT OF PENNSYLVANIA


decided: November 2, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JOHNNY LEE ELLIS, APPELLANT

No. 250 March Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal, of Beaver County, at No. 985 of 1976

COUNSEL

Wayne S. Lipecky, Beaver, for appellant.

John Lee Brown, Jr., Asst. Dist. Atty., Beaver, for appellee.

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

Author: Per Curiam

[ 481 Pa. Page 529]

OPINION OF THE COURT

Appellant, Johnny Lee Ellis, was tried by a judge sitting with a jury in Beaver County for the homicide of Robert Thompson. The homicide occurred in Aliquippa, Pennsylvania, on September 13, 1976. The jury returned a verdict of guilty to the charge of voluntary manslaughter. Post-verdict motions were denied and appellant was sentenced to a term of imprisonment of four to eight years at a state correctional institution, and to pay a fine of $500 and costs. This direct appeal followed.

The only issue presented on this appeal is the sufficiency of the evidence to sustain the judgment of sentence imposed on the conviction of voluntary manslaughter. We have reviewed the record and the notes of testimony in the instant case and find the evidence sufficient to sustain the judgment of sentence. See Commonwealth v. Kampo, 480 Pa. 516, 391 A.2d 1005 (1978) and Commonwealth v. Rose, 463 Pa. 264, 344 A.2d 824 (1975).

Judgment of sentence affirmed.

19781102

© 1998 VersusLaw Inc.



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