No. 638 January Term, 1977, Appeal from the Order of the Court of Common Pleas of Northampton County, Criminal Division, at No. 226, October Term, 1971.
Philip D. Lauer, Easton, for appellant.
John E. Gallagher, Dist. Atty., Easton, for appellee.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Pomeroy, former J., did not participate in the decision of this case. Eagen, C. J., concurs in the result.
In September, 1971, Sebastiano Patiri was robbed and fatally stabbed at his home in Northampton County. Appellant Thomas Mathis was arrested and charged under the Penal Code with murder, burglary, larceny, and robbery (with an offensive weapon).*fn1 The Commonwealth sought to prove both an intentional killing and felony murder.*fn2 A
jury convicted appellant on all charges. Appellant was sentenced to life imprisonment on the murder conviction and concurrent sentences on the other convictions. This Court affirmed per curiam. 460 Pa. 421, 333 A.2d 846 (1975). Appellant then filed a petition for relief under Section 3(c)(12) of the Post Conviction Hearing Act.*fn3 After an evidentiary hearing, the PCHA court denied appellant's petition. We affirm.*fn4
Appellant's brother, Edward Mathis, testified that before Patiri's death, Daniel Graves, William Johnson, Edward Mathis, and appellant drank a total of three bottles of wine. Appellant, Graves, and Edward Mathis left Johnson. The three discussed going to Patiri's home and robbing him. Upon arriving at Patiri's home, the three devised a plan. Edward Mathis was to enter the house through the roof while appellant and Graves were to engage Patiri in conversation outside his house. Edward Mathis went to the roof, entered Patiri's home, and searched the upper floor. He then went downstairs. While Edward Mathis was searching downstairs, Patiri entered the house. Edward Mathis hid
behind some bags in the corner of a room. He saw Graves and appellant enter the house. Patiri turned around, and Graves struck Patiri with his fist. Graves and appellant then both beat Patiri "for a while," and appellant kicked him. Edward Mathis then ran back upstairs and jumped off the roof. He met Graves and appellant, who had also left ...