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COMMONWEALTH PENNSYLVANIA v. THOMAS TOMONEY (03/20/80)

decided: March 20, 1980.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
THOMAS TOMONEY, APPELLANT



No. 171 January Term 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia, Trial Section, Criminal Division, at No. 1776 April Term 1977.

COUNSEL

Henry J. Lunardi, Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Division, Kenneth Gallant, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Kauffman, J., did not participate in the consideration or decision of this case. Roberts, J., filed a concurring opinion.

Author: Eagen

[ 488 Pa. Page 327]

OPINION OF THE COURT

On March 29, 1977, Joseph Williams was fatally stabbed by Thomas Tomoney. On October 4, 1977, Tomoney was found guilty of murder of the first degree by a jury in the Court of Common Pleas of Philadelphia. Post-verdict motions

[ 488 Pa. Page 328]

    were denied on April 13, 1978, and Tomoney was sentenced to life imprisonment. This appeal followed.

Tomoney advances five assignments of error, all of which are without merit.

Tomoney initially contends the verdict of murder of the first degree is not supported by the evidence. The test used to determine whether the evidence presented is sufficient to sustain the conviction is:

"[W]hether, viewing the evidence in the light most favorable to the Commonwealth and drawing all reasonable inferences favorable to the Commonwealth, there is sufficient evidence to enable the trier of fact to find ...


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