Commonwealth v. Spencer

Superior Court of Pennsylvania

Commonwealth v. Spencer

402 A.2d 538, 265 Pa. Super. 478, 1979 Pa. Super. LEXIS 2137

CourtSuperior Court of Pennsylvania

DecidedApril 20, 1979

DocketNo. 1501

StatusPublished

This text of 402 A.2d 538 (Commonwealth v. Spencer) is published on Counsel Stack Legal Research, covering Superior 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. Spencer, 402 A.2d 538, 265 Pa. Super. 478, 1979 Pa. Super. LEXIS 2137 (Pa. Ct. App. 1979).

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Opinion

PER CURIAM:

Appellant was convicted by a jury of aggravated assault and sentenced to serve three to 23 months imprisonment. The charge stemmed from the shooting of a 16 year old boy on May 14, 1977. On direct appeal, appellant contends that the evidence was insufficient to identify him as the perpetrator of the shooting. Viewed in the light most favorable to the Commonwealth, we conclude that the evidence was sufficient to prove guilt beyond all reasonable doubt. See Commonwealth v. Hamm, 474 Pa. 487, 378 A.2d 1219 (1977); Commonwealth v. Eddington, 255 Pa.Super. 25, 25-28, 386 A.2d 117, 117-18 (1978). Our review of the record reveals that appellant was positively and unequivocally identified by three eye witnesses.

Judgment of sentence affirmed.

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PER CURIAM:

Appellant was convicted by a jury of aggravated assault and sentenced to serve three to 23 months imprisonment. The charge stemmed from the shooting of a 16 year old boy on May 14, 1977. On direct appeal, appellant contends that the evidence was insufficient to identify him as the perpetrator of the shooting. Viewed in the light most favorable to the Commonwealth, we conclude that the evidence was sufficient to prove guilt beyond all reasonable doubt. See Commonwealth v. Hamm, 474 Pa. 487, 378 A.2d 1219 (1977); Commonwealth v. Eddington, 255 Pa.Super. 25, 25-28, 386 A.2d 117, 117-18 (1978). Our review of the record reveals that appellant was positively and unequivocally identified by three eye witnesses.

Judgment of sentence affirmed.

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Bluebook (online)

402 A.2d 538, 265 Pa. Super. 478, 1979 Pa. Super. LEXIS 2137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-spencer-pasuperct-1979.

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