The time of death in a murder case is not, however, one of the elements of the crime of murder. See generally Commonwealth v. Nole, 448 Pa. 62, 64, 292 A.2d 331, 332 (1972); Commonwealth v. Burns, 409 Pa. 619, 626, 187 A.2d 552, 556 (1963). It is not necessary, therefore, that the time of death be proved beyond a reasonable doubt.
It must be remembered that the burden of proof upon the Commonwealth has never been construed to require it to eliminate every conceivable hypothesis of innocence. Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972); Commonwealth v. Libonati, 346 Pa. 504, 31 A.2d 95 (1943). 18 Pa.C.S.A. § 2901(a) (1973).
The Commonwealth must prove that appellant's blows were the legal cause of death beyond a reasonable doubt. Commonwealth v. Baker, 466 Pa. 382, 353 A.2d 406 (1976); Commonwealth v. Bamber, 463 Pa. 216, 344 A.2d 799 (1975); Commonwealth v. Stafford, 451 Pa. 95, 301 A.2d 600 (1973); Commonwealth v. Odom, 448 Pa. 474, 295 A.2d 331 (1972); Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972). However, causation is an issue of fact for the jury to decide.
Appellant, John Frederick Nole, was convicted by a jury on May 21, 1970, of carrying a concealed deadly weapon, aggravated robbery, burglary and murder in the first degree. Post-verdict motions were denied and the appellant was sentenced to a term of life imprisonment. On direct appeal, this Court affirmed the judgments of sentence. Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972). Appellant subsequently filed a petition for relief under the Post Conviction Hearing Act. An evidentiary hearing was held and the relief requested was denied on November 1, 1973. Appellant now appeals to this Court.
We have read the entire testimony of Dr. Kool, and are satisfied that it met the required standards of definiteness. See Commonwealth v. Nole, 448 Pa. 62, 64-66, 292 A.2d 331 (1972); cf. Commonwealth v. Embry, 441 Pa. 183, 272 A.2d 178 (1971); McMahon v. Young, 442 Pa. 484, 486, 276 A.2d 534 (1971); Kridler v. Ford Motor Co., 422 F.2d 1182, 1186 (3d Cir. 1970). The use of the word "speculation", which occurred several times, was perhaps inept, but in context it clearly meant the doctor's professional opinion based on current examinations some months after the fact.
The Commonwealth has an unvarying burden of proving legal causation beyond a reasonable doubt. See, e.g., Commonwealth v. Hudson, 455 Pa. 117, 314 A.2d 231 (1974); Commonwealth v. Carn, 449 Pa. 228, 296 A.2d 753 (1972); Commonwealth v. Nole, 448 Pa. 62, 292 A.2d 331 (1972); Commonwealth v. Johnson, 445 Pa. 276, 284 A.2d 734 (1971). The Commonwealth's evidence clearly supports the court's finding that the gunshot wound was the legal cause of death.
The Commonwealth has the burden of proving beyond a reasonable doubt all the elements of murder in the first degree, including, of course, legal causation. Commonwealth v. Nole, 448 Pa. 62, 64-66, 292 A.2d 331, 332-33 (1972); Commonwealth v. Johnson, 445 Pa. 276, 284 A.2d 734 (1971). Defense counsel, however, while conceding several elements of the crime established and corroborated by six eyewitnesses, chose to focus his primary attack and argument on causation.
[Appellant] thereafter filed a notice of appeal with the Pennsylvania Supreme Court, which on July 1, 1972, affirmed the judgment of sentence. Commonwealth v. Nole, 292 A.2d 331 (Pa. 1972). Over the ensuing decades, [Appellant] unsuccessfully sought post-conviction collateral relief on many occasions.
Our Supreme Court affirmed Appellant's judgment of sentence on July 11, 1972. Commonwealth v. Nole, 292 A.2d 331 (Pa. 1972). Thereafter, Appellant filed six PCRA petitions between 1972 and 2008, none of which garnered him any relief.
Our Supreme Court affirmed Appellant's judgment of sentence on July 11, 1972. Commonwealth v. Nole, 292 A.2d 331 (Pa. 1972). Thereafter, Appellant filed six PCRA petitions between 1972 and 2008.