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COMMONWEALTH PENNSYLVANIA v. ALLEN CARTER (12/07/79)

filed: December 7, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
ALLEN CARTER, APPELLANT



No. 1129 October Term, 1978, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division Philadelphia County, June Term, 1977, Number 175.

COUNSEL

Franklin D. Green, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Van der Voort, Wieand and Lipez, JJ.

Author: Wieand

[ 272 Pa. Super. Page 413]

Allen Carter was tried non-jury on charges of murder, voluntary manslaughter, involuntary manslaughter, robbery, conspiracy to commit murder, and weapons offenses. He was found guilty only of conspiracy.*fn1 On appeal, following the denial of post trial motions and the imposition of sentence, he contends (1) that the evidence was insufficient to sustain the conviction for conspiracy, and (2) that the trial court erred in denying a motion to suppress certain incriminatory statements. We disagree and affirm.

Conspiracy is defined in Section 903(a) of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 903(a), as follows:

§ 903. Criminal Conspiracy

(a) Definition of conspiracy. -- A person is guilty of conspiracy with another person or persons to commit a crime if with the intent of promoting or facilitating its commission he:

(1) agrees with such other person or persons that they or one or more of them will engage in conduct which

[ 272 Pa. Super. Page 414]

    constitutes such crime or an attempt or solicitation to commit such crime; or

(2) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or ...


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