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COMMONWEALTH PENNSYLVANIA v. CRAIG JACKSON (12/18/84)

decided: December 18, 1984.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
CRAIG JACKSON, APPELLEE



No. 15 E.D. Appeal Dkt. 1984, Appeal from the Order of the Superior Court at No. 611 Philadelphia 1982, filed June 24, 1983, reversing the judgment of sentence of the Court of Common Pleas of Philadelphia County at CP-8101-780 and 783, Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.

Author: Mcdermott

[ 506 Pa. Page 471]

OPINION

The Commonwealth appeals the Superior Court's reversal of the judgments of sentence imposed upon the appellee,

[ 506 Pa. Page 472]

Craig Jackson.*fn1 On July 3, 1981, the appellee was convicted by Philadelphia Common Pleas Court Judge Stanley L. Kubacki, sitting without a jury, of robbery*fn2 and conspiracy.*fn3 The sole issue is whether there was sufficient evidence to support the convictions. We reverse.

The complainant, Thomas Mingo, testified that he was getting off a trolley in Philadelphia when he was kicked by the appellee who then, along with a group of at least seven others, followed the complainant from the trolley. As the complainant turned toward the group, the appellee punched him. The rest of the group jumped him, rifled his jacket pockets, and tried to take his gold chain necklace. During the melee his eye glasses fell off. One of the group grabbed his glasses and all of them, including the appellee, ran back onto the trolley. The complainant summoned a police officer who stopped the trolley and arrested the appellee and two others after they were identified by the complainant as three of his assailants. The victim was taken to the hospital where he was treated for a cut on his face.

The appellee testified on his own behalf and confirmed that an altercation took place between him and the complainant. However, he claimed that the complainant threw the first punch and he denied that anyone else was involved. He denied knowing what happened to the complainant's glasses.*fn4 Two friends of the appellee essentially corroborated his testimony.

Where a defendant challenges his conviction on appeal the test of sufficiency of evidence is whether, viewing all the evidence admitted at trial, together with all reasonable inferences therefrom, in the light most favorable to the

[ 506 Pa. Page 473]

Commonwealth, the trier of fact could have found that each element of the offenses charged was supported by evidence and inferences sufficient in law to prove guilt beyond a reasonable doubt. See, Commonwealth v. Macolino, 503 Pa. 201, 469 A.2d 132 (1983); Commonwealth v. Tribble, 502 Pa. 619, 467 A.2d 1130 (1983); Commonwealth v. Keblitis, 500 Pa. 321, 456 A.2d 149 (1983); Commonwealth v. Kennedy, 499 Pa. 389, 453 A.2d 927 (1982); Commonwealth v. Lovette, 498 Pa. 665, 450 A.2d 975 (1982).

Appellee was convicted of that part of the robbery statute which states:

(a) Offense defined. --

(1) A person is guilty of robbery if, in the course of ...


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