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COMMONWEALTH PENNSYLVANIA v. SCOTT STEELE (09/07/79)

filed: September 7, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
SCOTT STEELE, APPELLANT



No. 116 Special Transfer Docket, Appeal from Judgment of Sentence of Court of Common Pleas, Trial Division, Criminal Section, Philadelphia County, at No. 76-11-583

COUNSEL

Marc R. Gordon, Philadelphia, for appellant.

Lee M. Kaplan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Montgomery, O'Brien and Honeyman, JJ.*fn*

Author: Honeyman

[ 269 Pa. Super. Page 301]

Scott T. Steele appealed from judgment of sentence following his conviction of murder in the first degree by verdict of a jury. Following refusal of post trial motions, a sentence of life imprisonment was imposed upon him. He relies upon four bases for his appeal. The one concerning alleged error of the trial judge in instructing the jury concerning his flight has no foundation in the record. We will address ourselves to the remaining three.

On September 15, 1976, between 11:00 a. m. and noon, George J. Miller was found in his living room, dead from multiple stab wounds. The police came, recovered a blood stained kitchen knife from the coffee table, took samples of blood from the house, as well as from a trail of blood leading to the street. The house blood was type O (the decedent's

[ 269 Pa. Super. Page 302]

    type) and the trail blood was type A (the appellant's type). From their investigation, the police learned the following additional facts:

1. Appellant claimed Miller had "ripped him off" in a drug sale shortly before death;

2. The two men frequently had argued, but were otherwise generally friendly;

3. Appellant had been at Miller's home at 2:30 a. m. the ...


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