Commonwealth v. Smallwood , 465 Pa. 392 ( 1976 )

MANDERINO, Justice

(dissenting).

I dissent. I cannot agree that the evidence was sufficient to prove the appellant’s guilt beyond a reasonable doubt. There was no direct evidence linking the appellant to the setting of the fire. The evidence introduced by the prosecution established a motive but motive alone can never be the basis for a conviction. The only other positive evidence was the statement made by appellant in the hospital. It is vague and by no means an admission that the appellant started the fire.