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COMMONWEALTH v. ROSS (07/03/59)

July 3, 1959

COMMONWEALTH
v.
ROSS, APPELLANT.



Appeals, Nos. 215 to 218, inclusive, Oct. T., 1959, from judgments of Court of Oyer and Terminer, General Jail Delivery and Quarter Sessions of the Peace for Philadelphia County, Oct. T., 1956, Nos. 1037, 1039, 1040, and 1041, in case of Commonwealth of Pennsylvania v. Samuel H. Ross. Judgments affirmed.

COUNSEL

Cecil B. Moore, for appellant.

Domenick Vitullo, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before Rhodes, C.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Ervin

[ 190 Pa. Super. Page 148]

OPINION BY ERVIN, J.

Appellant appeals from judgments and sentences imposed by the court below on four bills of indictment charging him with conspiracy to commit rape, rape, conspiracy to rob and aggravated robbery. The facts are fairly stated in the opinion of the court below as follows: "On May 12, 1956, at about 3:00 a.m., the prosecutrix, a young white girl of 16, and her escort, William Device, were parked in his car near Edgley ball field, close to the 33rd and Diamond Street entrance to Fairmount Park, in Philadelphia. They had attended a party in Wynnefield and had stopped in the park on their way home. Suddenly the doors of their car were pulled open and two young colored men got in. One was Samuel Ross, the defendant. He had a revolver in his hand. His companion was holding in his hand either a piece of lead pipe or a blackjack.

"Ross got in on the passenger side and made Device get out of the front and into the back of the car. Then Ross climbed over the prosecutrix into the driver's seat. Device was made to kneel on the floor in the back of the car with his head down and away from Ross's accomplice, who sat over him holding in his hand the

[ 190 Pa. Super. Page 149]

    blackjack or piece of a lead pipe. Ross then drove further into the park toward a wooded area.

"Device was terrified. He thought the two men wanted his car or his money. He pleaded with them, 'Don't harm us,' and offered his wallet, which they took from him.

"After the car was driven a short distance to a more secluded area, Device was ordered to take his car and drive away. He did so and reported to the police station at 22nd and Hunting Park Avenue. With the police, he subsequently drove back to the Park and searched for the prosecutrix. They found her shoes and handbag and signs of a struggle.

"Ross, meanwhile, had pulled the prosecutrix from the car and further back from the road. She screamed and struggled, and hit the defendant with her handbag. She fell and Ross and his accomplice dragged her. Then Ross hit her and threw her to the ground. The accomplice held her down. Ross pulled up her skirt, ripping it. He forced her legs apart and had intercourse with her, ejaculating within her. Then Ross held her and the other man had intercourse with her and also ejaculated within her.

"Meanwhile, she was screaming, but Ross had put his hand over her mouth. She bit his fingers and he then forced ...


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