Pennsylvania v. Potts

566 A.2d 287 (1989)

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Nature of the Case

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Facts

D and Owens drove in a car to the residence of Michael Cunerd. They wanted to inquire into an alleged burglary of D's apartment during which two pounds of marijuana, various articles of jewelry, and $400.00 in cash had been stolen. Potts testified that Owens told him that Cunerd was the person who had burglarized his apartment. D and Owens first saw Cunerd and talked and then waited for Cunerd's to return in D's car after Cunerd visited with a neighbor. D asked him to get into his car, and Cunerd obliged, and they drove off with D at the wheel. A three-way conversation ensued during which D continually asked Cunerd if he had burglarized his apartment. Cunerd denied having committed the burglary, and Owens asserted his belief that Cunerd had committed the alleged burglary. They stopped at the 'Meadows.' Cunerd protested his innocence and Owens periodically grabbing Cunerd's shoulders from behind and shaking him. D got out from the driver's door and confronted Cunerd outside the passenger door. D pushed Cunerd up onto the front hood of the car. At this point, Owens exited the car through the passenger door. Cunerd jumped off the hood of the car and ran from the car with Owens in pursuit. Owens caught Cunerd within 100 yards of the parked car and began to stab him in the back. When Cunerd had fallen, Owens pinned him with his knees and stabbed him many more times. D contends that he watched the stabbing from a distance of approximately 30 feet. After the stabbing, D approached Owens and told him to 'See if anything is in his pockets.' During the course of this incident, D was armed with a pen-gun and Owens with a knife with a seven-inch blade. Owens advised D that 'If anything ever comes down on this, you don't know anything.' D was convicted of murder in the first degree. D appealed. D contends that since his stated intention was to beat up the deceased, rather than to kill him, there was insufficient evidence to establish his intention to kill Cunerd, as required for conviction of murder of the first degree.