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COMMONWEALTH PENNSYLVANIA v. THERESA NUNEZ (04/15/83)

filed: April 15, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
THERESA NUNEZ, APPELLANT



No. 2494 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Criminal Division, at Nos. 1610-1613 December Term, 1980

COUNSEL

Thomas V. Hunt, Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Brosky, McEwen and Watkins, JJ.

Author: Brosky

[ 312 Pa. Super. Page 586]

This is an appeal from judgments of sentence after convictions in a jury trial for second-degree murder and conspiracy to murder. Appellant contends that: (1) the evidence was insufficient to support the verdict; and (2) the court below erred in not suppressing a statement given by appellant.*fn1 We disagree with appellant's contentions and affirm the judgments of sentence.

To evaluate the sufficiency of the evidence, we must view the evidence in the light most favorable to the Commonwealth as verdict winner, accept as true all the evidence and all reasonable inferences upon which, if believed, the jury could properly have based its verdict, and determine whether such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt. Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. The fact finder is free to believe all, part or none of the evidence. Commonwealth v. Yost, 478 Pa. 327, 386 A.2d 956 (1978).

[ 312 Pa. Super. Page 587]

    disposes of appellant's contentions that the evidence was sufficient to support the verdict.*fn2

Appellant's next contention is that it was error for the court below to have admitted a statement given by her, where she was not apprised of her Miranda rights, where the statement was given during an alleged custodial interrogation and while she was allegedly reasonably a subject of the investigation. "On review this Court must determine whether the record supports the factual findings of the court below and the legitimacy of the inferences and legal conclusions drawn from those findings. In doing so, we will consider only the evidence of the prosecution witnesses and as much of the evidence for the defense as, fairly read in the context of the record as a whole, remains uncontradicted." Commonwealth v. Davis, 491 Pa. 363, 421 A.2d 179 (1980) (citations omitted).

On this point, the record establishes the following:

At approximately 11 p.m. on September 26, 1980, the police received information that appellant's son and his friends had beaten and killed a man at appellant's residence. The police then visited appellant's house about midnight ...


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