Nos. 98 & 99 Special Transfer Docket, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, at Nos. 1519-1521, July Term, 1976.
Dennis H. Eisman, Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney, Chief, Appeals Division, Philadelphia, for Commonwealth, appellee.
Wieand, Nix and Wekselman, JJ.*fn*
[ 269 Pa. Super. Page 370]
On December 22, 1976, a court sitting without a jury convicted appellant of voluntary manslaughter, conspiracy and possession of an instrument of crime. These convictions arose from the shooting death of William Maude of Philadelphia on July 9, 1976. It was the culmination of a week of related hostilities. The incidents began July 3 when appellant's unoccupied car was pelted with bricks by William Nefferdorff. Five days later, appellant and several friends confronted Nefferdorff at the latter's place of employment and roughed him up. The next evening, July 9, Nefferdorff and his brother-in-law, Joe Sinnet, found appellant on the corner of Gaul and Cumberland Streets, where a fight broke out between Sinnet and appellant. After ten minutes, Nefferdorff challenged appellant to return with his friends for a "fair fight." Agreeing, appellant departed.
One of several persons at the scene of the scuffle was the decedent, who thereafter joined a group of friends several
[ 269 Pa. Super. Page 371]
blocks away. Around 9:00 p. m., appellant returned with two companions. There they encountered decedent and his friends. Angry words were exchanged, as a result of which one of the occupants of the car, Nicholas Illich, drew a gun and fired a shot into the group. The three men then drove away in appellant's car, pursued by decedent and several others. After a ten-block chase, appellant's car stalled. Decedent ran from his car to the stalled auto and began striking appellant through the open window with his fists. He was then shot in the chest by one of the occupants of the car. He died as a result of the wound.
Several hours after the shooting, appellant was arrested and confessed his involvement. Following conviction, post verdict motions were filed and denied. Appellant was sentenced to two and one-half to five years in a county work release program on the manslaughter charge, and to two terms of probation on the other charges.
Appellant raises three issues on appeal. The first, which alleges that statements and evidence should have been suppressed due to pre-arraignment delay, has not been preserved for appellate review. Despite the mandates of court rule and case law, appellant submitted boilerplate post verdict motions*fn1 which challenged the sufficiency of the evidence but failed to raise specifically any other issues. Pa.R.Crim.P. 1123(a); Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975). Therefore, we do not reach the merits of appellant's first contention.
Appellant's remaining contentions challenge the sufficiency of the evidence, and we will examine them. When reviewing the sufficiency of the evidence, we must view all the ...