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COMMONWEALTH v. FORD (11/16/60)

November 16, 1960

COMMONWEALTH
v.
FORD, APPELLANT.



Appeal, No. 217, Oct. T., 1960, from judgment of Court of Oyer and Terminer, General Jail Delivery and Quarter Sessions of the Peace of Philadelphia County, Jan. T., 1960, No. 876, in case of Commonwealth of Pennsylvania v. Clarence Ford. Judgment affirmed.

COUNSEL

Lawrence Goldberg, for appellant.

Domenick Vitullo, Assistant District Attorney, with him Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.

Before Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (rhodes, P.j., absent).

Author: Woodside

[ 193 Pa. Super. Page 590]

OPINION BY WOODSIDE, J.

Clarence Ford took this appeal from a sentence for rape imposed after a jury had found him guilty, and the court below had dismissed his motions for a new trial and in arrest of judgment. Three other defendants (Terry, Carter and Morris) were tried and convicted

[ 193 Pa. Super. Page 591]

    at the same time, but only Ford appealed. The appellant is pressing only his motion for a new trial.

The evidence shows that Diane, a twenty year old college junior, left her home in West Philadelphia at 9:30 o'clock New Year's Eve intending to join a girl friend in Germantown. At the intersection of Vine and Edgewood Streets, she was grabbed from behind by a man who placed his hand over her mouth and forced her into the front seat of an automobile driven by a man later identified as Terry. A man, later identified as Ford, sat on the other side of her. Two men, later identified as Morris and Carter, were in the back seat. The car was driven to a lonely dirt road in the vicinity of the Philadelphia Airport. There the car was parked, and the girl's arms and leg were held in turns by two of the defendants while each of the four had intercourse with her against her will. She screamed and blew the car's horn several times on the way to the scene and while there, until she became fearful of the defendants' threats of violence. While returning to West Philadelphia, Ford urged her not to tell any person as it would only make her friends "look down" on her. Prior to being taken into the car she did not know any of the defendants.

Upon being released by the defendants, she went immediately to her friend's home in Germantown, and told what had happened. She was taken to the hospital, and her parents and the police were called. An examination made at the Philadelphia General Hospital showed sperm cells present in her person. A few days later Terry and Ford were taken into custody and positively identified by Diane at a police lineup of five men. Later the other two were arrested and identified.

At the trial Diane identified the defendants as her assailants. Terry testified ...


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