No. 2643 OCTOBER TERM, 1979, Appeal from the Judgment of sentence of the Court of Common Pleas, Criminal Division, of Luzerne County, at No. 2745 of 1978.
James F. Geddes, Jr., Wilkes-Barre, for appellant.
Chester Muroski, District Attorney, Wilkes-Barre, submitted a brief on behalf of Commonwealth, appellee.
Hester, Cavanaugh and Van der Voort, JJ.
[ 297 Pa. Super. Page 196]
Judge Toole, sitting non-jury, found appellant guilty of criminal conspiracy,*fn1 aggravated assault,*fn2 and recklessly endangering another person.*fn3 Appellant was sentenced to pay a fine of $1,000 and to serve three concurrent terms of five years on probation. Appellant contends on this appeal, that:
A. The testimony did not sustain the convictions;
B. The court improperly permitted the prosecution to reopen its case in chief;
C. The court made certain erroneous rulings on the admission of physical evidence, and in the limiting cross-examination;
D. The post trial motions were improperly denied; and
E. The court abused its discretion in imposing sentence.
A. Contention A, in substance, claims that the Commonwealth's case in chief, plus the appellant's testimony in his own defense, does not establish beyond a reasonable doubt that appellant was a conspirator or co-actor with one Dr. Broom in the illegal acts complained of.
The essential facts as summarized by Judge Toole in his opinion at pages 2 and 3 are as follows: One Walburn was on unfriendly terms with Dr. Broom; the former blamed Broom for Walburn's marital difficulties. Appellant Reardon was on friendly terms with Broom and living in Broom's home preceding the events complained of. On October 29, 1978, at 3:00 A.M. and again at 4:00 A.M., police came to Walburn's home and verified his complaints that shots had been fired into his home. After the second incident, the police staked out the area, and shortly observed two persons in a car pull up in front of Walburn's home, heard a shot fired ...