No. 357 January Term 1975, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia at No. 1645 March Term 1974.
Joel Every, Philadelphia, for appellant.
Robert B. Lawler, Chief, Appeals Division, Philadelphia, for appellee.
Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ. Larsen, J., filed a dissenting opinion. Flaherty, J., filed a dissenting opinion. Kauffman, J., did not participate in the consideration or decision of this case.
Bruce Preston, Jr., appellant, was convicted by a jury in the Court of Common Pleas of Philadelphia of murder of the second degree and a weapons offense. Post-verdict motions were denied. Judgment of sentence of five to sixteen years imprisonment was imposed on the murder conviction, but sentence on the weapons offense was suspended. This appeal from the sentence for murder followed.*fn1
Preston complains the evidence was insufficient to support a conviction for murder of the second degree.
"The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all the elements of the crime had been established beyond a reasonable doubt."
Commonwealth v. Rose, 463 Pa. 264, 267-68, 344 A.2d 824, 825 (1975).
So viewed, the evidence established the following:
Karla Anderson burned her hand at her home at about 3:00 p. m. on March 5, 1974. Preston, a brother of Karla and a roomer in the house, and William Anderson, Karla's husband, argued about taking Karla to a hospital for treatment. ...