Commonwealth v. Brown
Commonwealth v. Brown
Opinion of the Court
OPINION OF THE COURT
Appellant, Theodore X. Brown, was convicted of murder of the first degree and criminal conspiracy in the Court of Common Pleas of Philadelphia. He was sentenced to life imprisonment for the murder of the first degree conviction and five to ten years for the conspiracy conviction, the sentences to run consecutively to each other and to sentences appellant was serving for other crimes. He appealed the judgment of sentence for the murder conviction to this court and appealed the judgment of sentence for the conspiracy conviction to the Superior Court, which certified that appeal to this court.
This case arose from the death of James Price on December 29, 1974, at Holmesburg Prison in Philadelphia. Price was an inmate there, as were appellant and co-defendants Theodore Moody and John Griffin.
Appellant first argues that there was insufficient evidence to support the verdict. To decide this issue, we will review the evidence and apply the standard which we set forth in Commonwealth v. Rose, 463 Pa. 264, 267-68, 344 A.2d 824, 825 (1975):
“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.)
Appellant next alleges errors at trial. One of his allegations was that it was error to admit evidence showing that he was convicted, along with three other inmates, of murdering Samuel Molten in Holmesburg Prison on August 15, 1973. We do not agree.
The evidence at appellant’s trial for Molten’s murder indicated that appellant and his co-defendants at that trial were members of the Nation of Islam, a religious sect
Evidence that a defendant has committed a crime other than the one he or she is being tried for is admissible for that purpose if the other crime is of a similar nature and the two crimes were not far apart in time. Commonwealth v. Terry, 462 Pa. 595, 342 A.2d 92 (1975).
The crimes involved here were of a similar nature, having both been committed in prison cells by similar methods. The sixteen months that elapsed between them is not excessive in this case because appellant remained in prison and the circumstances did not significantly differ. There was a similarity in motive in that both crimes were in retaliation for the victims’ actions that displeased the Black Muslims. The evidence was admissible.
Appellant next argues that the admission of the notes of Hunter’s testimony from the preliminary hearing testimony violated the Sixth Amendment to the United States Constitution by depriving him of his right to cross-examine witnesses. We do not agree. If a witness at a preliminary hearing testifies under oath and is subject to cross-examination, the notes of testimony may constitution
Appellant’s final argument concerns a newspaper article about the case that he claims prejudiced the jury. A prospective juror testified that a newspaper article concerning this homicide was accessible to members of the jury panel who were awaiting questioning. The trial judge examined the jurors at the end of the selection process and determined that none of them had been exposed to the article. Appellant now argues that he should have been permitted to re-examine jurors who had already been selected. Appellant waived that argument by failing to raise it in post-verdict motions. We will not consider it.
The judgments of sentence are affirmed.
. Moody and Griffin received separate trials.
. Appellant argued in the court below that the jury was improperly exposed to pretrial publicity and that the panel should have been discharged but did not argue that he should have been allowed to re-examine jurors on account of the article now in question.
Concurring Opinion
concurring.
I concur in the result reached by the majority of this Court in the instant appeal. I adhere to the position I expressed in Commonwealth v. Stasko, 471 Pa. 373, 387-89, 370 A.2d 350, 357-58 (1977) (Nix, J., concurring), regarding the use of preliminary hearing testimony.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Theodore X. BROWN, Appellant (Two Cases)
- Cited By
- 12 cases
- Status
- Published