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COMMONWEALTH v. PIPER (03/24/72)

decided: March 24, 1972.

COMMONWEALTH
v.
PIPER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Berks County, No. 1382 of 1969, in case of Commonwealth of Pennsylvania v. Joan Piper.

COUNSEL

James M. Potter, for appellant.

Grant E. Wesner, Deputy District Attorney, with him Robert L. Van Hoove, 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 part three of this dissenting opinion and would affirm in all other respects.

Author: Per Curiam

[ 221 Pa. Super. Page 188]

Judgment of sentence affirmed, and the defendant is directed to appear in the court below at such time as she may be there called, and that she be by that court committed until she has complied with the sentence, or any part thereof which has not been performed at the time the appeal was made a supersedeas.

Disposition

Judgment affirmed.

Dissenting Opinion by Hoffman, J.:

In this direct appeal, appellant attacks her convictions for solicitation to commit sodomy, prostitution and assignation.

The facts in this case, as established at appellant's jury trial, are that appellant approached an undercover state police trooper and solicited him to commit sodomy and prostitution. Based on this conversation, a warrant was issued and served for the arrest of appellant charging her with the crime for which she was found guilty. The lower court sentenced her to 15 months imprisonment, undifferentiated as to the charges, at the State Industrial Home for Women (Muncy) pursuant to the Act of July 16, 1968, P. L. [ILLEGIBLE WORD], No. 171, § 1, 61 P.S. § 566 (The New Muncy Act).

I

The prosecution of appellant for solicitation to commit sodomy was brought purportedly under the Act of June 24, 1939, P. L. 872, § 502, 18 P.S. § 4502. This act provides that "[w]hoever, unlawfully and maliciously, assaults another with intent to commit sodomy, or solicits, and incites another to permit and suffer such

[ 221 Pa. Super. Page 189]

    person to commit sodomy with him or her, is guilty ...


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