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COMMONWEALTH PENNSYLVANIA v. JOHN J. MCANDREWS (07/02/81)

decided: July 2, 1981.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
JOHN J. MCANDREWS, APPELLANT



No. 1 January Term, 1979, Appeal from the Judgment of Sentence in the Court of Common Pleas.

COUNSEL

Richard B. Moore (Court-appointed), Philadelphia, for appellant.

Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Kenneth S. Gallant, Asst. Dist. Atty., for appellee.

O'Brien, C. J., and Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: Kauffman

[ 494 Pa. Page 159]

OPINION

After a jury trial, appellant, John J. McAndrews, was convicted of murder of the first degree*fn1 and possession of an instrument of crime*fn2 in connection with the fatal shooting of his girlfriend, twenty-three year old Jaimie Ulan, on October 31, 1977. Post-trial motions were denied, and appellant was sentenced to life imprisonment on the first degree murder conviction and to a concurrent term of two and one-half to five years imprisonment for possession of an instrument of crime. An appeal was taken directly to this Court from the judgment of sentence imposed for first degree murder.*fn3 We affirm.

I

Appellant first contends that the evidence was insufficient to prove that he possessed the requisite specific intent to kill. We disagree.

In evaluating the sufficiency of the evidence, we must view the record in the light most favorable to the Commonwealth as the verdict winner, and accept as true all evidence and all reasonable inferences therefrom, upon which, if

[ 494 Pa. Page 160]

    believed, the trier of fact could properly have based its verdict. Commonwealth v. Davis, 491 Pa. 363, 421 A.2d 179 (1980); Commonwealth v. Helm, 485 Pa. 315, 402 A.2d 500 (1979); Commonwealth v. Tate, 485 Pa. 180, 401 A.2d 353 (1979); Commonwealth v. Rose, 463 Pa. 264, 344 A.2d 824 (1975). Viewed in this light, the evidence established the following:

On the evening of October 31, 1977, appellant, who had been living intermittently with the victim and her three and one-half year old daughter, arrived at her apartment with a friend, Daniel Shillingford ("Shillingford"). Upon their arrival, appellant and the victim began arguing in the living room. The two then proceeded to the bedroom where the argument continued outside the hearing of Shillingford. Shortly thereafter, upon hearing a gunshot in the bedroom, Shillingford rushed in and observed the victim wounded and lying on the bed. Appellant and Shillingford then left the apartment. The following day, ...


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