Paul R. Mazzoni, with him Carey and Mazzoni, for appellant.
James E. O'Brien, Assistant District Attorney, with him Joseph J. Cimino, District Attorney, for Commonwealth, appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 200 Pa. Super. Page 462]
This is an appeal by Douglas Reilly from a conviction and sentence on an indictment charging him with forcible rape.
Douglas Reilly, paul Snopek, and John W. Singer were indicted separately, and, on motion of the district attorney, were tried jointly in Lackawanna County. They were convicted and each was sentenced to a minimum term of six years and a maximum term of fifteen years.
At the close of the Commonwealth's case defendant Reilly filed a written demurrer which the trial judge overruled, and he has appealed.
On this appeal appellant raises the following questions: (1) whether the court below erred in overruling his demurrer to the evidence, and (2) whether the court abused its discretion in consolidating the indictments for trial.
[ 200 Pa. Super. Page 463]
The proper test to apply in determining the validity of a demurrer is whether the evidence of record and the inferences reasonably drawn therefrom would support a verdict of guilty. When an appeal follows a judgment of sentence and the ruling on the demurrer is questioned, the defendant will be discharged only if all the evidence in the case including that introduced after the entry of the demurrer is insufficient to support the jury's verdict. Com. v. Gomori, 192 Pa. Superior Ct. 325, 329, 161 A.2d 649.
Viewed in the light of the jury's verdict in favor of the Commonwealth, the evidence establishes the following:
The victim was walking along Main Street in the Borough of Blakely, returning from a night high school football game. A car driven by Reilly, with Snopek in the front seat and Singer in the rear, stopped alongside the victim. Snopek jumped out, forcibly seized the victim, pushed her into the front seat with the aid of Reilly, got in beside her and drove away. During a brief stop at a parking lot the victim was thrown into the back seat with Singer. During this time the victim fought, screamed, and attempted to leave the car but was forcibly detained. Reilly then drove to what was described as a mountain or wooded strip mining area. Upon arrival they discovered they had a flat tire. Snopek and Reilly proceeded to fix the tire. While the tire was being fixed the girl was in the back seat alone with Singer, where, she testified, Singer pulled a knife on her, tore off her jeans and undergarment, abused her and then raped her. The girl testified that after the tire was fixed Snopek got in the back seat with her ...