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COMMONWEALTH v. LINDSEY (06/30/71)

decided: June 30, 1971.

COMMONWEALTH
v.
LINDSEY, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Erie County, Nos. 1731 to 1737, inclusive, of 1968, in case of Commonwealth v. Walter Lindsey.

COUNSEL

Burton L. Fish, for appellant.

Michael M. Palmisano, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Montgomery and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 219 Pa. Super. Page 12]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was charged in seven indictments with Burglary, Assault with Intent to Ravish, and Assault and Battery, and went to trial before a judge and jury. The three victims of the attacks, all females, testified that at approximately 2 a.m. appellant broke into the buildings where they were working or sleeping, struggled with them, and then ran off. Their testimony indicated that he did not seem to know where he was, and that he was physically abusive. The arresting officer

[ 219 Pa. Super. Page 13]

    testified that, in response to a call from one of the victim, he arrested appellant walking down the street without his shirt on. Although appellant acted "very belligerent", he was subdued and taken back to the victims, at which time he was identified.

Appellant took the stand in his own defense and testified in a very confused and disoriented manner that he had in fact been in the buildings, but that he was only looking for food. He indicated that he had no sexual designs on the women, but in fact felt that they were ...


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