No. 823 Philadelphia, 1982, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia at Nos. 1035-1038 July Term, 1981.
Robert Scandone, Philadelphia, for appellant.
Robert B. Lawler, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Spaeth, President Judge, and Cavanaugh and Hoffman, JJ.
[ 324 Pa. Super. Page 540]
In this case the appellant, Lamont Henderson, was tried before Stout, J. and a jury. After a lengthy trial he was found guilty of first degree murder, robbery and possessing an instrument of crime. The appellant's post-trial motions were denied and he was sentenced to life imprisonment for murder and concurrently to ten to twenty years for robbery and two and one-half to five years for the weapons offense. An appeal has been taken to this Court from the judgment of sentence.
We must view the evidence in the light most favorable to the Commonwealth as verdict winner, and accept as true all evidence and reasonable inferences therefrom, upon which, if believed, the factfinder could properly have based its verdict. Commonwealth v. Helm, 485 Pa. 315, 402 A.2d
[ 324 Pa. Super. Page 541500]
(1979). Applying this test, the evidence established that a Philadelphia Police Officer, Jack Holcomb, Jr., advertised his 1979 Pontiac Trans-Am for sale in a local newspaper. The appellant, in response to the ad, called Officer Holcomb's house to inquire about the car. He spoke to Mrs. Holcomb as Officer Holcomb was not at home. On June 1, 1981, the appellant approached two acquaintances, Cecil Wright and James Parker, who went by the nickname of Bam, and asked if they knew where he could obtain a .38 or .32 calibre gun. They told him they didn't know and he asked them if they thought a .25 calibre automatic would kill someone. Bam told him that he thought so "if you shoot him in the head." Appellant asked Bam and his friend if they would kill the individual who was going to come to his house in connection with the sale of his car and they refused.*fn1 Appellant then described how he would shoot the individual from behind after he brought him into the dining room.*fn2
[ 324 Pa. Super. Page 542]
On June 2, 1981 the decedent told his wife that Lamont Henderson had offered him $4,000.00 to hold the car for him so that no one else would buy it. On the early morning of June 3, 1981 he told her that he was supposed to meet with the appellant that day and that they were going to go to the credit union concerning the car that the decedent was selling and afterwards he was going to Campus Datsun to pick up a car that he was going to buy.*fn3 A friend of the decedent, Arthur N. Sanborn, III, also testified that on June 3, 1981, the decedent told him that he was "to see a gentleman that was going to buy the car from him."*fn4 In
[ 324 Pa. Super. Page 543]
addition, the decedent's father testified that he spoke to his son on the night of June 2, 1981, and the deceased told him of his plan to ...