APPEAL FROM THE JUDGMENT OF SENTENCE DECEMBER 14, 1982 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, CRIMINAL NO. 79-10-560/562
David M. McGlaughlin, Philadelphia, for appellant.
Harriet R. Brumberg, Assistant District Attorney, Philadelphia, for Com., appellee.
Cirillo, President Judge, and Montemuro and Kelly, JJ. Kelly, J., concurs.
[ 373 Pa. Super. Page 621]
Raymond Monroe appeals from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County following his conviction for aggravated assault, possession of an instrument of crime, and recklessly endangering the life of another person. Following denial of his post-verdict motions, Monroe was sentenced to three to ten years imprisonment for aggravated assault and to a consecutive term of imprisonment of one to five years for possession of an instrument of crime. This appeal followed.
Monroe raises three issues of error by the trial court: 1) failing to suppress identification of Monroe by the victim, after the victim had participated in allegedly suggestive pretrial photograph selection procedures; 2) refusing to allow admission of evidence of another witness's inability to pick out Monroe's photograph; and 3) allowing the Commonwealth to use all its peremptory challenges against the first seven black venire persons, thus allegedly creating a racially biased jury.
In a 1986 memorandum, a panel of this court affirmed the trial court judgment without considering the merits of the appeal. The court found that all three issues raised in the appeal were waived for lack of written post-trial motions, as no motions appeared in the record or docket entries. The Supreme Court of Pennsylvania granted allocatur and then remanded the case to the superior court for reconsideration on the merits.
We have now reconsidered the appeal and find it to be without merit. We therefore affirm.
This case arose from a June 25, 1979 knife attack on James Goosby in a Philadelphia movie theater. While using the men's room there, Goosby was watched and closely
[ 373 Pa. Super. Page 622]
followed by a man he subsequently identified as Monroe. At the exit of the men's room, Goosby challenged and then struck Monroe. Monroe responded by taking out a knife and stabbing Goosby 37 times in the face, neck and body. The theater usher, Albert Crosby, came down nearby stairs, saw the fight, and went for help. Several minutes later, Crosby saw Monroe leave the theater.
One month later the victim Goosby identified Monroe's photo from among eight photographs shown him by the police. Monroe was arrested and charged. During the jury trial, both Goosby and Crosby identified Monroe as Goosby's assailant. He was ...