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The foursome returned to appellant's house and entered the living room.

En route the two men met Mary Ann Manna and one of her friends and persuaded them to skip school. After eating breakfast, appellant's companions borrowed his car and left to purchase cigarettes.

the men arrived at the home in which appellant lived with his parents. Viewing the evidence in this light, the following was adduced at trial.ĭuring the evening and early morning hours of May 8 and 9, 1974, Joseph Ragoskey, Jeffrey Pressler and appellant drove around the Hazelton area, stopping intermittently at a diner and their respective homes.

"`he test in determining if the evidence is sufficient to sustain a criminal conviction is, whether accepting as true all of the evidence of the Commonwealth, and all reasonable inferences arising therefrom, upon which the jury could properly have reached its verdict, sufficient in law to prove beyond a reasonable doubt that the appellant was guilty of the crime of which he stands convicted. Appellant first contends that the evidence was insufficient to convict him of the crime charged. This case arises from the unintentional shooting death of Mary Ann Manna, age 15, by Joseph Ragoskey on May 9, 1974. Appellant was released on bail pending this appeal.

Toole, Jr., District Attorney, Wilkes-Barre, for Commonwealth, appellee.īefore WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.Īfter a jury trial, appellant was convicted of violating the prohibited offensive weapons section of the Crimes Code.*527 Written post-verdict motions were denied, and appellant was sentenced to serve a term of imprisonment of one to four years eleven months twenty-nine days and to pay the costs of prosecution plus a fine of $500. Glenn, Jr., Assistant District Attorney, and Patrick J. Burns, Assistant Public Defender, Wilkes-Barre, for appellant.