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COMMONWEALTH v. MARLIN (11/23/71)

decided: November 23, 1971.

COMMONWEALTH
v.
MARLIN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Blair County, June T., 1969, No. 6, in case of Commonwealth of Pennsylvania v. George Wayne Marlin.

COUNSEL

Robert S. Glass, for appellant.

John Woodcock, Jr., Assistant District Attorney, and Amos Davis, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 220 Pa. Super. Page 375]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a conviction for contributing to the delinquency of a minor.

At trial the court charged the jury as follows:

"Any person who contributes to the delinquency of any child to whom the jurisdiction of any juvenile court within this Commonwealth has attached or shall hereafter attach or who knowingly assists or encourages such child in violating his or her parole or any order of the said court shall be guilty of a misdemeanor. . . . Contributing to delinquency is also a broad term involving conduct toward a child in an unlimited variety of ways which tends to produce or encourage or to continue the conduct of the child which would amount to delinquent conduct." (Emphasis supplied.)

After the jury had been excused, the court explained this charge to appellant during the course of his argument on post-trial motions: "If you recall, in your testimony you said you knew this girl was a delinquent ...


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