From Casetext: Smarter Legal Research

Com. v. Porter

Supreme Court of Pennsylvania
Jan 26, 1978
382 A.2d 1199 (Pa. 1978)

Opinion

Argued November 16, 1976.

Decided January 26, 1978.

Appeal from the Court of Common Pleas of the Forty-Third Judicial District, Monroe County Branch, Criminal Division at No. 106 April Term, 1975, Arlington W. Williams, J.

George W. Westervelt, Jr., Stroudsburg, for appellant.

James F. Marsh, Dist. Atty., C. Daniel Higgins, Asst. Dist. Atty., for appellee.

Before JONES, C. J., and O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION


As a result of a robbery of a gas station located on Route 209 in Monroe County which occurred on January 24, 1975, appellant was arrested and indicted for the murder of the proprietor who was killed during the aforesaid robbery. After a stipulation of facts had been agreed to by all parties, appellant entered a plea of guilty and was adjudged guilty of murder of the third degree and sentenced to a term of imprisonment of not less than five nor more than ten years.

In this direct appeal, appellant argues that the stipulated evidence is insufficient to provide a factual basis for a finding of murder and contends that the highest degree of culpability appropriate under the asserted facts would be the crime of involuntary manslaughter. We have considered these arguments and find them to be without merit.

Judgment of sentence affirmed.

JONES, former C. J., and EAGEN, C. J., did not participate in the decision or consideration of this case.


Summaries of

Com. v. Porter

Supreme Court of Pennsylvania
Jan 26, 1978
382 A.2d 1199 (Pa. 1978)
Case details for

Com. v. Porter

Case Details

Full title:COMMONWEALTH of Pennsylvania v. Gregg E. PORTER, Appellant

Court:Supreme Court of Pennsylvania

Date published: Jan 26, 1978

Citations

382 A.2d 1199 (Pa. 1978)
382 A.2d 1199

Citing Cases

HUDSON v. GOOB

However, under Pennsylvania law, the factual basis for the plea of guilty to the crimes may be stipulated to…