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COMMONWEALTH v. KOSIK (03/30/72)

decided: March 30, 1972.

COMMONWEALTH
v.
KOSIK, APPELLANT



Appeal from judgment of Court of Common Pleas of Beaver County, No. 333 of 1970, in case of Commonwealth of Pennsylvania v. Stephen H. Kosik.

COUNSEL

Joseph M. Stanichak, 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). Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 221 Pa. Super. Page 19]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a conviction for corrupting the morals of a minor.

At trial it was established that the appellant and one David Debo met two teenage girls at a restaurant. Appellant had known the family of one of the girls all his life, and as a result of that family acquaintanceship, he and Debo took the girls on an automobile ride to the Greater Pittsburgh Airport. On the trip to the airport the appellant and Debo purchased a bottle of muscatel wine, a bottle of orange-flavored Vodka and two bottles of soda.

The girls testified at appellant's trial that they only drank the soda. Appellant in his testimony stated the same. The Commonwealth called David Debo, who testified that the girls as well as the boys drank the orange-flavored Vodka. At the time of this testimony Debo had plead guilty to the charge of corrupting the morals of a minor for his involvement in this incident, but he had as yet not been sentenced.

The Commonwealth's case depended completely upon Debo's testimony that appellant had furnished the two minor girls with alcoholic beverages. This was in direct conflict ...


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