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COMMONWEALTH PENNSYLVANIA v. EUGENE BECKHAM (01/21/86)

filed: January 21, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
EUGENE BECKHAM, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Philadelphia County at Nos. 80-10-2305 & 2308.

COUNSEL

Richard E. Johnson, Philadelphia, for appellant.

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

Wickersham, Tamilia and Hoffman, JJ.

Author: Wickersham

[ 349 Pa. Super. Page 431]

Eugene Beckham, a.k.a. Eugene Beckman, appeals from the judgment of sentence for third degree murder and

[ 349 Pa. Super. Page 432]

    possession of an instrument of crime imposed by the court below.

The procedural history of this case is as follows: Appellant Beckham was found guilty of the above crimes in a jury trial before the Honorable Theodore B. Smith, Jr. Appellant's counsel filed post-trial motions in arrest of judgment and/or a new trial which were argued December 2, 1981.*fn1 On February 3, 1982 the lower court granted a new trial. On appeal by the Commonwealth, the Superior Court reversed the grant of a new trial and remanded the case for sentencing. Commonwealth v. Frazier, 331 Pa. Super. 128, 480 A.2d 276 (1984). On September 28, 1984, Judge Smith denied any remaining post-verdict motions and sentenced appellant to a term of eight and one-half (8 1/2) to seventeen (17) years imprisonment for the third degree murder conviction and a concurrent term of two-and-one-half (2 1/2) to five (5) years imprisonment for the possession of an instrument of crime conviction.

Appellant present two issues for appellate review:

I. Whether the trial court erred when it allowed the Commonwealth to introduce evidence of an [unrelated] shooting incident into the appellant's present trial to establish his culpability for the crime charged.

II. Whether the verdict of conviction was contrary to the ...


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