No. 2218 October Term, 1977, Appeal from the Conviction and Sentence of the Court of Common Pleas, Criminal Trial Division, Philadelphia County, Bill of Indictment No. 1195, August Term, 1976 Entered on July 13, 1977.
Before Jacobs, P.j., Cercone, Hoffman, Price, Van der Voort, Spaeth and Hester, JJ. Jacobs, former P.j., did not participate in the decision of the case.
Judgment of sentence and conviction affirmed on the opinion of Judge Stout of the court below.
IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA TRIAL DIVISION - CRIMINAL SECTION
COMMONWEALTH vs. GARY DASHER
GARY DASHER was found guilty of involuntary manslaughter on Bill No. 1195, August Sessions, 1976. He has appealed and has alleged only one error. He claims the verdict was against the weight of the evidence. That argument is without merit.
The victim of this homicide was GARY DASHER, JR., the three-months-old son of appellant who had been born prematurely April 20, 1976. He remained in the hospital until June 28. One month later, on July 28, the baby died.
About midnight, July 27, while appellant was undressing the baby, he hit his head on an iron part of his crib. The baby whined. Later when the baby cried, appellant picked him up by his night shirt collar, shook him and dropped him in his crib. Appellant then went to bed.
The baby whined. Appellant went in to see what was wrong and, having seen nothing, returned to bed. The baby continued to whine and, in the words of Mrs. Dasher, appellant "went stomping in there, hit the baby." She heard him hit five times. According to Mrs. Dasher, appellant said the baby's crying got on his nerves and "he cussed at him trying to tell him to shut up."
According to Mrs. Dasher, appellant beat her up and then went to sleep. The next morning appellant awakened, went in the baby's room, called his wife and began pounding the baby's chest and trying to give mouth-to-mouth resuscitation. He ran out of the house with the baby, stopped a policeman and said he thought the baby was dead. The officer took them to St. Joseph's Hospital.
Mrs. Dasher said that when she saw the baby that morning his hands, feet and lips were purple and his hand was cold and stiff. She said that she had heard her husband beat the baby on prior occasions when he had been drinking. He would always take the baby to another room, from ...