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COMMONWEALTH PENNSYLVANIA v. EDWARD J. WOODBURY (06/08/84)

decided: June 8, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD J. WOODBURY, APPELLANT



No. 3436 Philadelphia 1982, Appeal from the Judgment of Sentence of November 8, 1982, Court of Common Pleas, Philadelphia County, Criminal Division at No. 305/307 December Term 1981.

COUNSEL

Melvin B. Goldstein, Philadelphia, for appellant.

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

Cirillo, Beck and Johnson, JJ.

Author: Johnson

[ 329 Pa. Super. Page 36]

Defendant-appellant Edward Woodbury initially appeared before the trial court on March 25, 1982 charged with possession of an instrument of crime, involuntary and voluntary manslaughter, and murder. Following a waiver of trial by jury appellant was found guilty of possession of an instrument of crime*fn1 and murder in the third degree.*fn2 Post-verdict motions were denied after the hearing of argument,

[ 329 Pa. Super. Page 37]

    and the appellant was then sentenced. Subsequently, an appeal was timely filed to this court.

The sole issue raised on appeal is the sufficiency of the evidence to sustain the verdicts in this case. Appellant argues mainly that the voice identification testimony elicited by a witness in the case was insufficient. In considering appellant's contention as to sufficiency as a whole, this court must view the evidence in the light most favorable to the Commonwealth, as verdict winner. Commonwealth v. Martin, 481 Pa. 515, 393 A.2d 23 (1978). We must also accept as true all evidence and reasonable inferences upon which, if believed, the factfinder could have properly based its verdict, and determine whether such evidence and inferences are sufficient in law to prove guilt beyond a reasonable doubt. Commonwealth v. Stockard, 489 Pa. 209, 413 A.2d 1088 (1980); Commonwealth v. Biggs, 320 Pa. Super. 265, 467 A.2d 31 (1983).

The record indicates the facts as follows:

On May 20, 1981, Philadelphia Police Officer Lois Jones, who was assigned to a radio patrol car, was approached by a female at 22nd and Lehigh Avenue in Philadelphia. The female directed her to the 2400 block of Lehigh Avenue where another individual asked the officer to go to a row house at 2416 West Lehigh Avenue. Upon her arrival at that address, Officer Jones proceeded to the second floor where she observed a black male, later identified as Alexander Jackson, lying in the hallway on his right side with blood coming from his nose and mouth. Based upon her observations Officer Jones concluded that Jackson was alive and she called for a Rescue Squad car. Alexander Jackson was pronounced dead at the Medical College of Pennsylvania on May 22, 1981. An autopsy performed the same day by Dr. Catherman, Deputy Medical Examiner for Philadelphia, revealed that the cause of death was a gunshot wound which had entered the cranial cavity. A bullet recovered from Jackson's brain was turned over to the police and determined to be a .22 caliber bullet. It was

[ 329 Pa. Super. Page 38]

    stipulated at trial that Alexander Jackson's body was identified by family members who would testify that he was ...


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