No. 1959 October Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, entered at Nos. 1374 and 1375, May Term, 1976.
Arthur R. Shuman, Jr., Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth/appellee.
Van der Voort, Watkins and Montgomery, JJ.
[ 272 Pa. Super. Page 433]
Appellant was convicted of Involuntary Manslaughter and Possession of a Prohibited Offensive Weapon. Following
[ 272 Pa. Super. Page 434]
post verdict motions,*fn1 he was placed on concurrent terms of five years probation for each offense, and conditioned on appellant's performing a year of alternative service to the community. At this time, he has completed his year of alternative sentence and remains on probation.
The facts of this appeal are as follows:
On April 18, 1976, the defendant and the deceased, his friend Robert Weir, were visiting the home of John Martyn, and were later joined by Father Charles Siegele. All were drinking and generally partying. In the course of the evening, Harm pulled the "detective's special" revolver he carried as a probation officer and waved it around. As he left as a passenger in Weir's tow truck, he fired the gun off into the air. On the trip home, a shot was fired, the truck crashed into a utility pole, and Weir was dead from a bullet in the head. Harm left the truck but later returned to turn off the lights and ignition. The gun was found in an adjacent cemetery, and bullets and spent cartridges were also found at the scene. Harm, injured by the crash, was taken to the hospital where, following his arrest and the giving of Miranda warnings, he gave officers a statement, wherein he admitted being in the truck at the time of the shooting, but he denied any culpability.
Appellant raises the following issues on appeal: (1) that his statement to police made while he was hospitalized and intoxicated, was not a knowing and voluntary statement; (2) that the clothing and personal effects which the police secured from hospital personnel while appellant was undergoing treatment were seized illegally without a warrant; (3) that appellant's revolver, a Smith and Wesson "detective special", was not a prohibited offensive weapon requiring that his conviction for possession thereof be reversed; and
[ 272 Pa. Super. Page 435]
(4) that the evidence was insufficient to convict him of ...