Commonwealth v. Sweger

505 A.2d 331, 351 Pa. Super. 188, 1986 Pa. Super. LEXIS 9621
CourtSupreme Court of Pennsylvania
DecidedFebruary 26, 1986
Docket594
StatusPublished
Cited by26 cases

This text of 505 A.2d 331 (Commonwealth v. Sweger) 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. Sweger, 505 A.2d 331, 351 Pa. Super. 188, 1986 Pa. Super. LEXIS 9621 (Pa. 1986).

Opinions

WICKERSHAM, Judge:

Nevin George Sweger, Jr., facing a life sentence following his conviction for the murder of his wife Nancy, filed this direct appeal from the judgment of sentence of the Court of Common Pleas of Cumberland County. We affirm.

The facts, viewed in the light most favorable to the Commonwealth as verdict-winner, may be summarized as follows: Nevin and Nancy Sweger were married in July 1975. A son, Nevin W. Sweger, nicknamed “Bubb,” was born in August 1980. The Swegers’ marriage was turbulent, and the parties separated and reconciled several times. Appellant had a history of physically abusing his wife, and [191]*191a severe beating on October 18, 1983 culminated in Nancy leaving the marital home with Bubb and filing an action in divorce.1 Appellant was very upset by this separation and a few days prior to his wife’s death, he told a friend that he wanted his wife and son back, but that if “he couldn’t have Nancy no one would,” and that “he ought to ... go up and shoot her.” N.T. at 106. Numerous witnesses testified that Nancy was terrified of appellant, because of the beatings which she had suffered and repeated threats which he had made to her.

On the morning of December 31, 1983, appellant began drinking. He met some friends, went to a bar that afternoon and continued drinking. He went to a friend’s house and left there around 3:15 p.m. Sometime between 3:15 p.m. and 4:10 p.m., he arrived at his mother-in-law’s residence in West Pennsboro Township, where Nancy and Bubb were then living. He was armed with a .12 gauge shotgun, which he used to shoot out the back window of Nancy’s parked car and then to shoot open the locked door.2 He found Nancy in the bedroom, on the bed, holding Bubb. No one else was home. Nancy pleaded with him not to hurt Bubb, and he told her to put the child down. After she did so, he shot her four times at close range. Bubb was not shot, but suffered a head wound requiring stitches.

Appellant called his mother at 4:10 p.m., told her he had shot Nancy, and asked her to come and get Bubb. Upon arriving at the scene, appellant’s mother called an ambulance. Shortly after the ambulance arrived, appellant shot himself in the head. He was taken by ambulance to the Carlisle Hospital. The following day, he was interviewed by a police officer in the intensive care unit. At that time, and in the presence of his mother, he admitted going to the victim’s home, shooting open the door, and “blasting” his [192]*192wife. His subsequent statements were later suppressed by the court below before trial.

Appellant was charged with murder. His motion to suppress the statements made on January 1, 1984 at the hospital was granted in part, as noted above, on May 10, 1984. A jury trial before the Honorable Edgar B. Bayley on May 14-16, 1984 resulted in appellant’s conviction of murder in the first degree. Post-trial motions were timely filed and denied by the court en banc on September 5, 1984. On October 11, 1984, appellant was given a mandatory sentence of life imprisonment. This appeal timely followed.

Appellant raises the following issues before us:

A. Was the charge to the jury an incorrect and confusing statement of law concerning degrees of homicide?
B. Did the court fail to properly instruct the jury as to the elements and burden of proof for the intoxication defense?
C. Did the court err by allowing hearsay testimony evidence as to the state of the mind of the deceased?
D. Did the court err by admitting into evidence statements obtained from the defendant without benefit of counsel under questioning by police officers?
E. Did the court err by failing to arrest judgment on the basis that there was insufficient evidence to support the verdict beyond a reasonable doubt?

Brief for Appellant at 3.

Appellant argues that the evidence was insufficient to support a verdict of guilty of first degree murder beyond a reasonable doubt. “When sufficiency of the evidence claims are raised, an appellate court must review the evidence presented and all reasonable inferences drawn therefrom in a light most favorable to the verdict winner and determine whether on the record there is a sufficient basis to support the challenged conviction.” Commonwealth v. Hart, 348 Pa.Super. 117, 122, 501 A.2d 675, 677, (1985), quoting Commonwealth v. Madison, 501 Pa. 485, 490, 462 [193]*193A.2d 228, 231 (1983). After thoroughly examining the evidence presented, and taking from it all reasonable inferences favorable to the Commonwealth and resolving all conflicting evidence in its favor, Commonwealth v. Holcomb, 508 Pa. 425, 498 A.2d 833 (1985), this argument fails.

A person is guilty of criminal homicide if he intentionally, knowingly, recklessly, or negligently causes the death of another. 18 Pa.C.S. § 2501(a). A criminal homicide becomes a murder of the first degree when it is committed by an intentional killing. 18 Pa.C.S. § 2502(a); Commonwealth v. Pacell, 345 Pa.Super. 203, 497 A.2d 1375 (1985). We find the evidence presented at trial to be more than sufficient to sustain the jury’s verdict of murder of the first degree. It is well-settled that the use of a gun on a vital part of the deceased’s body raises the presumption that the defendant shot with the intent to kill the deceased. Commonwealth v. Ewing, 439 Pa. 88, 264 A.2d 661 (1970). It is equally well-settled that the period of premeditation necessary to form the specific intent to kill may be very brief. Commonwealth v. Thornton, 494 Pa. 260, 431 A.2d 248 (1981). The evidence herein proved beyond a reasonable doubt that appellant intentionally murdered his wife. As fact finders, the jury had the right to not believe appellant’s version of the murder, as presented by his defense. Commonwealth v. Pacell, supra. See also Commonwealth v. Cross, 508 Pa. 322, 496 A.2d 1144 (1985); Commonwealth v. Vedam, 349 Pa.Super. 270, 502 A.2d 1383 (1985). Because the evidence was sufficient to support a conviction of first degree murder, the trial court did not err by failing to grant appellant’s motion in arrest of judgment.

Appellant’s argument that the trial court erred by admitting into evidence the statements obtained from appellant the day after the shooting, while he was hospitalized due to his suicide attempt, must also fail for the reasons expressed by the suppression court in its opinion dated May 10, 1984. A careful reading of the transcript of the suppression hearing shows that the suppression court’s find[194]*194ings of fact were well-supported by the evidence.

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Commonwealth v. Sweger
505 A.2d 331 (Supreme Court of Pennsylvania, 1986)

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Bluebook (online)
505 A.2d 331, 351 Pa. Super. 188, 1986 Pa. Super. LEXIS 9621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sweger-pa-1986.