No. 1499 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Trial Division of Philadelphia County, Imposed on Bill of Information Nos. 1981-82-83, October Term, 1977.
William L. Kinsley, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, Sugerman and Stranahan, JJ.*fn*
[ 281 Pa. Super. Page 330]
On February 15, 1978, appellant was convicted, after a non-jury trial, of aggravated assault (18 Pa.C.S. 2702), possessing instruments of crime (18 Pa.C.S. 907(a)), possessing a concealed weapon (18 Pa.C.S. 907(b)), and carrying firearms on public street or public property in Philadelphia (18 Pa.C.S. 6108). The two possession offenses are contained in the same term and number. All charges arose from the September 28, 1977 shooting of Thomas Hickman in the 1700 block of Point Breeze Avenue, a public street in Philadelphia.
Post trial motions seeking arrest of judgment and/or a new trial were filed by appellant and denied by the trial court.
Appellant was sentenced to a term of one to four years imprisonment for aggravated assault and four years probation for the two possession charges. The sentence for carrying firearms was suspended. All sentences were concurrent.
Appellant filed a timely appeal from Judgment of Sentence. On May 2, 1978, the trial court entered an order pursuant to Pa.R.App.P. 1925(b) requiring appellant to submit a precise statement of matters complained of on appeal. Appellant did not comply with the court's order.*fn1
[ 281 Pa. Super. Page 331]
Appellant contends that the evidence was insufficient to support the verdicts and that the verdicts were against the weight of the evidence. Each claim will be considered in turn.
SUFFICIENCY OF THE EVIDENCE:
In Commonwealth v. Madison, 263 Pa. Super. 206, 209-210, 397 A.2d 818, 820 (1979), this court delineated the standard applied in testing the ...