Com. v. Moore
Decision Date | 20 March 1980 |
Citation | 488 Pa. 361,412 A.2d 549 |
Parties | COMMONWEALTH of Pennsylvania v. Estie MOORE, Appellant. |
Court | Pennsylvania Supreme Court |
Robert B. Lawler, Chief, Appeals Division, Andrew B. Cohn, Philadelphia, for appellee.
Before EAGEN, C. J., and O'BRIEN, ROBERTS, NIX, LARSEN and FLAHERTY, JJ.
Appellant, Estie Moore, was convicted by a court sitting without a jury of murder of the third degree and sentenced to a term of three to ten years imprisonment. On appeal to this Court, appellant contends that the evidence establishes only that appellant and the victim were involved in a fistfight and thus is insufficient to support a conviction of murder of the third degree. We disagree and affirm judgment of sentence. *
Appellant's sufficiency claim relies on the basic principle, reflected by cases of this Court, that:
Commonwealth v. Buzard, 365 Pa. 511, 516-17, 76 A.2d 394, 396 (1950). According to appellant, Commonwealth evidence here fails sufficiently to demonstrate malice on the part of appellant. In appellant's view, the record reveals that he merely responded to the attack of the victim, who allegedly was swinging a clawhammer.
Appellant's argument is based on his view of selected portions of the record and fails to give recognition to the record as a whole. This, of course, is not our standard for reviewing claims of insufficient evidence. As this Court so often has stated, the test is:
"(W)hether, viewing all of the evidence admitted at trial in the light most favorable to the Commonwealth and drawing all reasonable inferences favorable to the Commonwealth, there is sufficient evidence to enable the trier of fact to find every element of the crime beyond a reasonable doubt."
Commonwealth v. Bastone, 466 Pa. 548, 552, 353 A.2d 827, 829 (1976). Accord, e. g., Commonwealth v. Kichline, 468 Pa. 265, 271, 361 A.2d 282, 285-86 (1976).
Commonwealth v. Dorazio, 365 Pa. 291, 300, 74 A.2d 125, 130 (1950). Accord, Commonwealth v. Buzard, supra, 365 Pa. at 516, 76 A.2d at 396. Here, although by his own testimony and the testimony of his witness, appellant claims he merely responded to the victim's attack, the "particular circumstances" of this record manifestly allow the factfinder to reject appellant's claim and draw an inference of malice. Appellant, 6'2 and 175-180 pounds, is some 8 taller and twenty pounds heavier than the victim. Commonwealth medical testimony establishes that the victim suffered extensive surface injuries on the right side of his face and head, as well as internal bleeding and swelling of the brain. The victim also suffered numerous fractures of the ribs and hemorrhaging in the area of the kidney and spleen. Appellant, on the other hand, incurred only an abrasion of the hand. A Commonwealth eyewitness, in describing the concluding portion of the so-called "fist fight," testified that appellant hit the victim on the shoulders. As appellant did so, the victim Appellant "kind of braced (the victim) up and then he was coming down on his shoulders again."
In Commonwealth v. Buzard, supra, this Court rejected a claim of insufficient evidence on analogous facts. There, the victim and the defendant met on a street and began to argue over an alleged debt of the victim. The defendant testified that the victim, about 8 shorter and forty-five pounds lighter than the defendant, eventually struck at the defendant, partly knocking the defendant's glasses off his face. The defendant then began to beat the victim. Three Commonwealth witnesses testified that the defendant grabbed the victim, threw him to the ground, and struck the victim in the head from five to eight times. The defendant so struck the victim even after a witness urged him to stop after two blows.
In sustaining the sufficiency of the evidence, this Court...
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