Commonwealth v. Turner
Commonwealth v. Turner
Concurring Opinion
concurring.
I concur in the judgment.
Appellant filed motions to suppress evidence, which were denied. Later, he learned that certain statements of his codefendant had been suppressed at another suppression hearing. Pursuant to Pa.R.Crim.Pro. 323, appellant requested that the suppression court grant a new hearing because his arrest and subsequent inculpatory statement were al
Appellant also asserts that his trial did not begin within the time prescribed by Pa.R.Crim.Pro. 1100. Appellant did not raise this issue, however, on post-verdict motions, and it therefore is not preserved for appellate review. Commonwealth v. Blair, 460 Pa. 31, 331 A.2d 213 (1975).
Finally, although appellant has not challenged the sufficiency of the evidence to support the verdict of guilty of murder of the first degree, this Court has an independent obligation to examine the evidence for sufficiency. Act of February 15, 1870, P.L. 15, § 2, 19 P.S. § 1187 (1964); Commonwealth v. Hughes, 477 Pa. 180, 383 A.2d 882 (1978). I am satisfied that the evidence, including appellant’s statement to the police and the testimony of two witnesses, was sufficient to support the verdict.
Opinion of the Court
OPINION
Appellant was tried by a jury and found guilty of first degree murder, robbery and conspiracy. Following the denial of post-trial motions, appellant was sentenced to life imprisonment. In his appeal to this Court, appellant raises two issues, both of which are without merit.
Appellant’s first contention is that his case should have been dismissed under Pa.R.Crim.P. 1100(a)(1) because he was not tried within the mandatory 270 days of the filing of the complaint against him.
Appellant’s second contention is that statements made by appellant’s co-defendant, which, in themselves, were factually sufficient to establish the probable cause that was necessary to arrest appellant, should not have been used to establish said probable cause because subsequent to appellant’s arrest, these statements were suppressed at the co-defendant’s trial.
The judgments of sentence are affirmed.
. Since the complaint was on May 6, 1974, the 270 day rule is applicable instead of the present 180 day rule.
. Appellant’s argument then extends to: if the co-defendant’s statements could not oe used to establish the probable cause that was necessary to arrest appellant, appellant’s arrest was illegal; hence, all that followed appellant’s arrest was tainted; therefore, appellant should be released.
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. James Henry TURNER, Appellant (Two Cases)
- Cited By
- 4 cases
- Status
- Published