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COMMONWEALTH PENNSYLVANIA v. RAYMOND E. THOMPSON (12/28/79)

filed: December 28, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
RAYMOND E. THOMPSON, APPELLANT



No. 1842 October Term, 1978, Appeal from Judgment of Sentence of the Court of Common Pleas of Philadelphia County at Nos. 1483, 1488, 1489, 1490 August Term, 1977.

COUNSEL

Norris E. Gelman, Philadelphia, for appellant.

Franklin L. Noel, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Hester and Cavanaugh, JJ. Spaeth, J., concurs in the result.

Author: Cavanaugh

[ 274 Pa. Super. Page 47]

Raymond Thompson was convicted of burglary, robbery, criminal conspiracy and aggravated assault in a non-jury trial. After denial of his post verdict motions and the imposition of sentence, he presents two questions on appeal to this Court.

Appellant argues that there was an insufficient showing of theft to support the robbery conviction or the burglary conviction under the information. He further argues that he raised the issue of insanity in his testimony and that the Commonwealth failed in its burden of proving sanity.

We find no error and affirm the judgment of sentence.

In the late afternoon of January 5, 1977, the doorbell rang in the residence of Mrs. A. Charles Peruto at 1622 North 72nd Street in Philadelphia. Looking through a peephole in the door, Mrs. Peruto viewed, standing alone outside, a young woman carrying a bouquet of flowers. She proceeded to open the door when it was suddenly shoved into her body, and three or four men came in with guns. One man grabbed her by the mouth, buried her head into his chest and said, "keep quiet and you won't get hurt". Mrs. Peruto was dragged across to her kitchen door. After emitting several screams, Mrs. Peruto's son appeared at the door to his basement apartment and when he demanded that his mother be released, the appellant shot at him. Mr. Peruto had managed to close the basement door and the shot went through it and missed him. Mr. Peruto then feigned calling for assistance and getting a weapon. Appellant said, "Let's

[ 274 Pa. Super. Page 48]

    get the hell out of here" and the invaders ran out the front door. Mrs. Peruto then heard a car screeching.

I

At trial the appellant testified in his defense and immediately went into a narrative of his personal history including his mental state, and referred to the "consciousness" of Raymond Thompson abandoning Raymond Thompson. When called to side-bar in order for the court to inquire about relevancy, counsel advised the court "It's his defense of madness". "It's an insanity defense". Thereafter, the defendant testified at length in a rambling fashion which expanded on personal history and the death of the consciousness of Raymond Thompson. He spoke of columns of numbers that talk to one another. There was no reference to the crime on trial until the very end of his direct testimony when defendant in responding to a question about his condition in January of 1977 stated:

A I could rationalize a whole lot things, man, but I'm telling you, man, it was just one of them things. I was just floating through something, man. You think that I would do what I did if I wasn't ...


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