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COMMONWEALTH v. ANSKATE (03/24/72)

decided: March 24, 1972.

COMMONWEALTH
v.
ANSKATE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Beaver County, No. 427 of 1970, in case of Commonwealth of Pennsylvania v. George Anskate.

COUNSEL

Richard E. Davis, Assistant Public Defender, for appellant.

James C. Tosh, Assistant District Attorney, with him Robert C. Reed, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Cercone, JJ. (Spaulding, J., absent). Opinion by Watkins, J. Wright, P. J., would affirm on the opinion of President Judge Reed.

Author: Watkins

[ 221 Pa. Super. Page 123]

This is an appeal from the judgment of sentence of the Court of Common Pleas, Criminal Division, by the defendant, George Anskate; and from the denial of his post-trial motion for a new trial.

The only question before the Court on appeal is whether the defendant is entitled to a new trial because

[ 221 Pa. Super. Page 124]

    of alleged prejudicial remarks by the court which prevented a fair trial. The trial was held on March 15, 1971, before the Honorable Frank E. Reed, P. J., Orphans' Court Division, specially presiding, and a Jury.

During the course of the Commonwealth case, the victim identified Bill Anskate and Tom Pickens as having been with the accused when she first met him. She also indicated that she and George Anskate went into a cabin and had sexual intercourse. She also testified that Bill Anskate, Tom Abbott, Tom Pickens, herself, the defendant and others went for a ride. Throughout the testimony, she had the boys coming back to the cabin and had them appearing and reappearing in the area. She also testified that some of the boys were present during intercourse.

Tom Abbott, Tom Pickens, Bill Anskate were among those listed by the defendant on his "Notice of Alibi Defense", as alibi witnesses. After the testimony by the victim concerning the boys above mentioned and before the conclusion of the Commonwealth case, the court said:

"The Court: What you are dealing with -- there should be charges brought against all these boys of corrupting the morals of minors, ...


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