Appeal from order of Court of Common Pleas of Philadelphia County, No. CC124885, J-150985, in the matter of Nathaniel Scott, a child.
Irene H. Cotton, for appellant.
James D. Crawford, Assistant District Attorney, with him Charles C. D. Lundy, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Cercone, JJ. (Spaulding, J., absent). Dissenting Opinion by Hoffman, J.
[ 215 Pa. Super. Page 203]
Dissenting Opinion by Hoffman, J.:
This is an appeal from an adjudication of delinquency on charges of assault with intent to ravish, assault and battery and conspiracy.
Taking the evidence in the light most favorable to the Commonwealth, it would appear that the prosecutrix was dragged into an alley by three men who tore off her clothes and attempted to attack her.
Police officers testified that they went to the alley in response to a call over the police radio. Upon arriving there, they put their spotlight on and appellant and his companion were seen walking out of the alley. The officers commanded appellant to stop but he began to run. He was apprehended but the prosecutrix was unable to identify him as one of her assailants.
On these facts, the lower court found appellant guilty. The opinion of the lower court, however, reflects that its decision was predicated on ...