Commonwealth v. Grant

387 A.2d 841, 479 Pa. 74, 1978 Pa. LEXIS 660
CourtSupreme Court of Pennsylvania
DecidedJune 2, 1978
Docket278 and 536
StatusPublished
Cited by14 cases

This text of 387 A.2d 841 (Commonwealth v. Grant) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Grant, 387 A.2d 841, 479 Pa. 74, 1978 Pa. LEXIS 660 (Pa. 1978).

Opinions

OPINION OF THE COURT

O’BRIEN, Justice.

Appellant, Michael Grant, was tried by a judge sitting with a jury and convicted of murder of the first degree and criminal conspiracy. Post-verdict motions were denied. Appellant was sentenced to life imprisonment for conviction of murder of the first degree and a concurrent five-to-ten year term of imprisonment on the conspiracy conviction. He appealed the judgment of sentence imposed on the conspiracy conviction to the Superior Court, which certified the appeal to this court for disposition with appellant’s direct appeal from the judgment of sentence imposed on the conviction of murder of the first degree.

[77]*77This court has an independent duty pursuant to the Act of February 15, 1870, P.L. 15, § 2, 19 P.S. § 1187, to review the evidence and the law in all cases involving convictions for murder of the first degree and determine whether there exists sufficient evidence to sustain the conviction and the judgments of sentence entered thereon.

In Commonwealth v. Rose, 463 Pa. 264, 267-68, 344 A.2d 824, 825-26 (1975), we articulated our test of sufficiency of the evidence:

“The test of sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the Commonwealth and drawing the proper inferences favorable to the Commonwealth, the trier of fact could reasonably have found that all of the elements of the crime had been established beyond a reasonable doubt. Moreover, it is the province of the trier of fact to pass upon the credibility of witnesses and the weight to be accorded the evidence produced. . . . The fact-finder is free to believe all, part, or none of the evidence.” (Citations omitted.)

Reviewing the facts of the instant appeal under the above standard, the facts are as follows. On August 15, 1973, Winston Boston, a correctional officer at Holmesburg Prison, and Jeffrey Hunter, a prison inmate, witnessed an argument between the decedent, Samuel Molten, and Edward Ryder. The argument centered on Molten’s nonbelief in and disrespectful attitude toward the Black Muslim religion. Molten was not a Muslim while Ryder was a member of that religion’s chapter in Cell Block E of the prison.

On August 16, 1973, Kenneth Covil, another member of the Muslim religion, ordered Hunter and the other inmates of the cell block to a meeting conducted by Theodore Brown, the leader of the Black Muslim organization of Cell Block E. Brown instructed Hunter and the other inmates at the meeting to report to appellant any disrespectful behavior to the Muslim religion by Molten and it would be taken care of by appellant.

[78]*78Jerome Roach, also an inmate of Cell Block E, testified that on the night of August 16, 1973, he observed appellant and Covil sharpening a long metal rod in appellant’s cell. When appellant noticed Roach, Covil obstructed Roach’s view.

Robert Hall, another inmate, testified that on August 17, 1973, at 4:30 p. m., he was leaving his cell in Block E when he encountered Covil, Ryder and another man. Covil told Hall that they were “going to croak a lame.” This phrase was defined as killing someone. Ryder entered appellant’s cell, picked up a bundle and said, “Let’s go.” Hunter then observed Covil standing outside of decedent’s cell, keeping watch. During this time, he heard loud breathing coming from decedent’s cell. Within minutes Brown, Ryder and appellant emerged from the cell. Covil told Hunter, “You didn’t see anything.” Molten’s body was discovered by a guard within minutes. Molten died as a result of fifty-four stab wounds in his chest.

The above evidence is sufficient to sustain appellant’s convictions of murder of the first degree and criminal conspiracy.

Appellant argues that the court below erred in failing to sustain his objection to certain testimony by former assistant district attorney concerning his personal opinion as to the credibility of Robert Hall, a chief Commonwealth witness in this case. We agree with appellant that the court below erred and, therefore, we reverse and remand the case for a new trial.

The Commonwealth called the assistant district attorney in charge of the homicide division of the Philadelphia District Attorney’s office at the time of the Molten slaying. The purpose of the testimony was to clarify whether any agreements for leniency were made with any of the inmate-witnesses testifying for the Commonwealth against appellant. The testimony concerning Robert Hall was as follows:

“Q. Did you make any promises or offers to Robert Hall concerning his testimony?
[79]*79“A. Concerning Robert Hall’s testimony, I made no specific promises because again — by the way, there is one thing I do want to add. Mr. Hunter’s case, the case pending against him, was not a homicide case. As I recall it was an aggravated robbery charge and I had no direct control over that. That was another section of the District Attorney’s Office. If I were to do anything with that, I would have had to clear it with somebody from that segment of the office.
“Mr. Hall had pending against him a charge of murder. In fact, several months before this incident, I had ordered his arrest. I didn’t recall the incident but as soon as I knew that he was a witness, I went back to my file and reviewed it. I asked Mr. Hall about that case. He insisted to me that he had acted in self-defense and was not guilty.
“MR. JOKELSON: Objection.
“MR. COGAN: Only referring to the discussions, Your Honor, that went on between Mr. Rendell and the witness.
“MR. JOKELSON: Motion, Your Honor.
“THE COURT: Overruled. Motion denied.
“A. And he insisted that he was not guilty and insisted that he would be found not guilty and he said that his attorney had told him that he had an excellent chance to be acquitted also.
“My review of the facts of that case was such that his belief was not an outlandish belief. I felt it was a very close case.
“MR. JOKELSON: Objection.
“THE COURT: Overruled.
“A. (Cont.) But in any event, since he told me that he was pleading not guilty and wished to be tried and wished to be acquitted, again there was nothing specific I could do for him even if I wanted to do anything for him, but I also told him what I told Mr. Hunter. I said, all right, Mr. Hall, all well and good. But if you are convicted, I want you to know that I will go before the judge and tell him that you testified in a case for the Commonwealth, it was [80]*80an important case and that you testified in accord with your statement and told what I believed to be the truth.”

Defense counsel objected and the court overruled the objection.

In Commonwealth v. Russell, 456 Pa. 559, 563-64, 322 A.2d 127, 130 (1974), this court, in. considering testimony of a similar nature by a former district attorney, stated:

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Commonwealth v. Grant
387 A.2d 841 (Supreme Court of Pennsylvania, 1978)

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Bluebook (online)
387 A.2d 841, 479 Pa. 74, 1978 Pa. LEXIS 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-grant-pa-1978.