January Term, 1977 No. 503, Appeal from Judgment of Sentence, Philadelphia Common Pleas Court, Criminal Section, Trial Division, January Term, 1975, No. 1571
Allan M. Tabas, Philadelphia, for appellant.
Robert B. Lawler, Chief, Appeals Division, Asst. Dist. Atty., Marianne Cox, Asst. Dist. Atty., Philadelphia, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen and Flaherty, JJ. Manderino, J., did not participate in the consideration or decision in this case. Roberts, J., concurs in the result.
Appellant James Crowson was convicted by a jury of murder in the first degree arising out of the shooting death of Tommy Lee Lovett in Philadelphia on December 21, 1974. In this direct appeal, Crowson urges a number of points for our consideration.*fn1 After careful consideration we are satisfied
that he is not entitled to the relief he seeks, with the exception of the modification of the sentence.
It is the responsibility of a reviewing court, in evaluating the sufficiency of the evidence to support the verdict of guilt, to view the testimony in a light most favorable to the Commonwealth, as verdict winner, to accept as true all evidence and all reasonable inferences upon which, if believed, the factfinder could have properly based its verdict, and determine whether such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt. Commonwealth v. Vogel, 468 Pa. 438, 364 A.2d 274 (1976); Commonwealth v. Brown, 467 Pa. 388, 357 A.2d 147 (1976); Commonwealth v. Huntley, 466 Pa. 375, 353 A.2d 402 (1976); Commonwealth v. Boyd, 463 Pa. 343, 344 A.2d 864 (1975); Commonwealth v. Bundy, 458 Pa. 240, 328 A.2d 517 (1974).
The evidence adduced at trial established that the victim lived with his uncle, Leonard Cleveland, at 5630 Walnut Street in the City of Philadelphia. Mr. Cleveland was roused from sleep at approximately 6:30 a. m., December 21, 1974, by noises he described at trial as: "bang, oh; bang, oh; bang, bang, oh, oh." Following these sounds, Mr. Cleveland left his bed and listened at his closed bedroom door for further sounds. He testified that he heard footsteps travelling down the hallway of his apartment, from the front living room to the bathroom across the hall from his own bedroom; that he heard running water in the bathroom; that as the water was running, he heard knocking and shouts of "Police" at the apartment's side and rear doors; that the water was shut off and that he heard the person in
the bathroom walk toward the living room and en route slide a metal instrument across the hallway floor towards the hallway closet. Mr. Cleveland, correctly surmising that the person had gone back into the front living room, then left his bedroom and opened the side entrance to the apartment letting police officers into the apartment. The officers found appellant in the front living room and immediately arrested him ...