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COMMONWEALTH PENNSYLVANIA v. EUGENE LUMPKINS (01/20/84)

filed: January 20, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
EUGENE LUMPKINS, JR., APPELLANT



No. 743 Pittsburgh 1982, APPEAL FROM THE JUDGMENT OF SENTENCE OF APRIL 22, 1982 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, CRIMINAL NO. 8107705, 8107706

COUNSEL

John A. Halley, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Cavanaugh, Cirillo and Cercone, JJ.

Author: Cirillo

[ 324 Pa. Super. Page 10]

The appellant, Eugene Lumpkins, Jr., was charged with three counts of simple assault,*fn1 two counts of aggravated assault,*fn2 two counts of violating the Uniform Firearms Act,*fn3 and one count each of terroristic threats,*fn4 unlawful restraint,*fn5 and resisting arrest or other law enforcement.*fn6 He was tried on February 23, 1982 before the Honorable Robert E. Dauer and a jury. The following day, the jury returned a verdict of guilty on all counts. Motions for a new trial and in arrest of judgment were subsequently filed

[ 324 Pa. Super. Page 11]

    and denied and on April 22, 1982 the appellant was sentenced to a series of prison terms totaling 7 1/2 to 15 years. This appeal followed.

The appellant raises three questions for our review: 1) Was the evidence sufficient to sustain a conviction for terroristic threats? 2) Was the evidence sufficient to sustain a conviction for resisting arrest? 3) Did the trial court err in allowing a Commonwealth witness, a police officer, to display his gun in front of the jury?

In reviewing challenges to the sufficiency of the evidence, the test is whether, "viewing the evidence in the light most favorable to the Commonwealth and drawing all proper inferences favorable to the Commonwealth, the trier of fact could reasonably have determined all elements of the crime to have been established beyond a reasonable doubt." Commonwealth v. Keblitis, 500 Pa. 321, 323, 456 A.2d 149, 150 (1983).

Commonwealth v. Jackson, 316 Pa. Super. 553, 555, 463 A.2d 1036, 1037 (1983); see also: Commonwealth v. Williams, 317 Pa. Super. 456, 464 A.2d 411 (1983); Commonwealth v. Miller, 303 Pa. Super. 504, 450 A.2d 40 (1983). So viewed, the facts are as follows:

Detectives Robert McCabe and Ronald Freeman of the Pittsburgh Police Department were investigating a murder and had received a tip from an informant that the murder victim had been in contact with a prostitute shortly before his death. Pursuant to this tip, the officers travelled to the Greyhound Bus Terminal in downtown Pittsburgh in the early morning hours of September 19, 1981. There they observed a white female and a black male, later identified as the appellant, talking outside of the bus station. A few moments later, the female left with a white male companion and the appellant left shortly thereafter. The officers, who were in plain clothes, then approached the appellant, ...


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