Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Fulton County, NO. 82 of 1984.
Dwight C. Harvey, McConnelsburg, for appellant.
James M. Schall, McConnelsburg, for Com., appellee.
Wieand, Tamilia and Hester, JJ.
[ 362 Pa. Super. Page 582]
Adelaide Anneski was charged in a private, criminal complaint with making a terroristic threat. A jury heard testimony that during an argument with a neighbor, Anneski had told her neighbor if the neighbor "tried to run over her kids anymore at the bus stop" she, Anneski, would bring a gun and use it. The jury found that this statement, which Anneski admitted making, had been made with intent to terrorize and returned a verdict of guilty as charged. The trial court denied post-trial motions and imposed a sentence of probation for three years. Anneski filed a direct appeal.*fn1
In reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the Commonwealth, as verdict winner, and accept as true all evidence upon which the jury could properly have based its verdict. We then determine whether that evidence, together with all reasonable inferences to be drawn therefrom, was sufficient to enable the jury to find each and every element of the crime beyond a reasonable doubt. See: Commonwealth v. Jackson, 506 Pa. 469, 472-473, 485 A.2d 1102, 1103 (1984); Commonwealth v. Tribble, 502 Pa. 619, 621, 467 A.2d 1130, 1131 (1983); Commonwealth v. Brown, 336 Pa. Super. 628, 634,
[ 362 Pa. Super. Page 583486]
A.2d 441, 444 (1984). In making this determination, we consider all the evidence received, whether the trial court's evidentiary rulings were correct or incorrect. See: Commonwealth v. Waldman, 484 Pa. 217, 222-223, 398 A.2d 1022, 1025 (1979); Commonwealth v. Boyd, 463 Pa. 343, 347, 344 A.2d 864, 866 (1975); Commonwealth v. Deemer, 316 Pa. Super. 28, 31, 462 A.2d 776, 777 (1983); Commonwealth v. Minnis, 312 Pa. Super. 53, 55, 458 A.2d 231, 232 (1983).
In Commonwealth v. Speller, 311 Pa. Super. 569, 458 A.2d 198 (1983), a panel of this Court said:
The crime of terroristic threats is defined in 18 Pa.C.S.A. § 2706 as follows:
A person is guilty of a misdemeanor of the first degree if he threatens to commit any crime of violence with intent to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or ...