No. 80-3-706. Appeal from Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, at No. 873, November Term, 1969, Murder.
Suzanne McGettigan, Philadelphia, for appellant.
Robert B. Lawler, Chief/Appeals Div., Steven H. Goldblatt, Asst. Dist. Attys., Alan Sacks, Philadelphia, for appellee.
Nix, C.j., and Larsen, Flaherty, Hutchinson, Zappala and Papadakos, JJ. McDermott, J., did not participate in the consideration or decision of this case.
Before us is Jerome Silo's (Appellant) direct appeal to this Court from a judgment of sentence of life imprisonment
entered upon a jury verdict finding Appellant guilty of murder of the first degree for the stabbing death of his mother.*fn1
Appellant now appeals from his second trial, which was brought about because of our reversal of the first judgment of sentence and our order for a new trial in Commonwealth v. Silo, 480 Pa. 15, 389 A.2d 62 (1978). A new trial was commenced before a jury presided over by the Honorable Albert F. Sabo, Judge of the Court of Common Pleas of Philadelphia County, on December 5, 1979. The jury returned its verdict of guilty on December 12, 1979, and Motions for New Trial and in Arrest of Judgment were denied on July 28, 1980, whereupon Appellant was sentenced to life imprisonment and this appeal followed.
At trial, the evidence established the following sequence of events:
On the morning of October 10, 1969, the police responded to a call from Mrs. Rosso and Mrs. Collins, neighbors of Mrs. Silvia Silo, Appellant's mother. Officer McNally arrived at 9:25 a.m., and was told by the neighbors that on the ninth, at about 10:00 a.m., they had heard an argument and screams coming from the Silo residence. They stated that Appellant and his mother had lived there together for many years. They saw the Appellant come outside at about 2:40 p.m., on the ninth, and sit on the porch steps. Soon, he was taken by a rescue squad vehicle to the nearby John F. Kennedy Hospital for treatment of chest pains.
The neighbors were concerned because they had not seen Mrs. Silo leave for work at her usual time, around 3:00 p.m., on the ninth, and that an upstairs window had been open all night, although it was Mrs. Silo's habit to close it. They had telephoned the hospital and Mrs. Silo's ...