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Commonwealth v. Kennedy

Where defendant was charged with "unsworn falsification to authorities" on an application for a gun license, judgment of sentence reversed; jury ignored defendant's unrefuted account that his false answer to one of the questions on the application was the product of a mistake and not the knowing and intentional act of one seeking to deceive.

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� 1 Brooks Thomas Kennedy appeals the judgment of sentence (48 hours to 23 months’ imprisonment) for unsworn falsification to authorities claiming the evidence was insufficient to sustain his conviction. We reverse.

� 2 In reviewing a challenge to the sufficiency of the evidence, we must determine whether the evidence, and all reasonable inferences deducible therefrom, viewed in the light most favorable to the Commonwealth as the verdict winner, are sufficient to establish all the elements of the offense beyond a reasonable doubt. Commonwealth v. Vesel, 751 A.2d 676, 681-682 (Pa. Super. 2000).

� 3 The facts and circumstances established by the Commonwealth need not be absolutely incompatible with the defendant’s innocence, but the question of any doubt is for the fact finder unless the evidence is so weak and inconclusive that, as a matter of law, no probability of fact can be drawn from the combined circumstances. Commonwealth v. Seibert, 622 A.2d 361, 363 (Pa. Super. 1993).

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