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COMMONWEALTH v. MARLIN (05/23/73)

decided: May 23, 1973.

COMMONWEALTH
v.
MARLIN, APPELLANT



Appeal from order of Superior Court, Oct. T., 1970, No. 1603, affirming 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, with him Glass and Glass, for appellant.

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

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice Roberts. Mr. Justice Manderino dissents.

Author: Roberts

[ 452 Pa. Page 381]

Appellant, George Marlin, was charged in 1969 in separate bills of indictment with a series of offenses arising out of certain related events. On the first set of charges -- assault and battery, assault and battery with intent to ravish, and rape -- the trial judge directed

[ 452 Pa. Page 382]

    the jury to return verdicts of not guilty. On charges of fornication and furnishing liquor and brewed beverages to a minor, the jury returned verdicts of not guilty. Appellant was, however, found guilty of corrupting the morals of a minor by contributing to her delinquency. Act of June 2, 1933, P. L. 1433, § 20, 11 P.S. § 262.

Following denial of post-trial motions appellant appealed to the Superior Court which affirmed in a per curiam opinionless order. Commonwealth v. Marlin, 220 Pa. Superior Ct. 374, 286 A.2d 392 (1971) (Hoffman, J., dissenting, joined by Spaulding, J.). We granted allocatur and now affirm.

Appellant raises five issues for our consideration, three of which will not be discussed because appellant failed to raise objections at the proper time.*fn1 "'A party may not remain silent and take chances on a verdict and afterwards complain of matters which, if erroneous, the Court would have corrected: Commonwealth v. Razmus, 210 Pa. 609.'" Commonwealth v. Gockley, 411 Pa. 437, 455, 192 A.2d 693, 702 (1963).

Appellant first contends that before he can be convicted of corrupting the morals of a minor by contributing to her delinquency, under Section 262 of the Juvenile Court Code, the child involved must have been adjudicated delinquent by the juvenile court. See Act of June 2, 1933, P. L. 1433, § 20, 11 P.S. § 262; Commonwealth v. Stroik, 175 Pa. Superior Ct. 10, 15, 102 A.2d

[ 452 Pa. Page 383239]

, 241 (1954). Because no evidence was adduced that the child in question -- a thirteen year old girl -- was, in fact, adjudicated delinquent, appellant ...


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