No. 3038 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Lancaster County, Criminal Division, at No. 1130 of 1980
Thomas G. Klingensmith, Assistant Public Defender, Lancaster, for appellant.
Richard A. Sheetz, Jr., Assistant District Attorney, Lancaster, for Commonwealth, appellee.
Wickersham, Brosky and Wieand, JJ.
[ 310 Pa. Super. Page 243]
This is an appeal from judgment of sentence for arson. Appellant contends that: (1) the evidence was insufficient to support the verdict; (2) the trial court erred in denying appellant's motion to quash the information; (3) the trial court erred in refusing in part appellant's request for pre-trial discovery; and (4) the trial court erred in refusing one of appellant's points for charge. We do not agree with appellant and affirm the judgment of sentence.
On July 19, 1980, appellant was charged by information with the crime of arson. Appellant then filed an application to quash the information on the basis that the Commonwealth failed to prove a prima facie case at the preliminary hearing and also filed a request for pre-trial discovery. The application to quash was denied by the court without a hearing after it reviewed a tape recording of the preliminary hearing. Certain pre-trial discovery requests were also denied by order of court on July 29, 1980. The case proceeded to trial and appellant was found guilty as charged by a jury. Post-verdict motions were filed and denied and this appeal followed.
Appellant first contends that the evidence was insufficient to support the verdict. After a thorough and careful review of the record, we conclude that the opinion of the court below adequately disposes of this issue.
Appellant next contends that the trial court erred in denying a motion to quash the information because the
[ 310 Pa. Super. Page 244]
Commonwealth's evidence was insufficient to establish a prima facie case.*fn1 We find this issue to be moot.
The Supreme Court of Pennsylvania has stated that:
If in fact it is determined at trial that the evidence of the Commonwealth is sufficient to be submitted to the jury, then any deficiency in the presentation before the ...