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COMMONWEALTH v. DEVLIN (09/19/73)

decided: September 19, 1973.

COMMONWEALTH
v.
DEVLIN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Blair County, June T., 1972, No. 44, in case of Commonwealth of Pennsylvania v. William David Devlin.

COUNSEL

Merle K. Evey, and Patterson, Evey, Routch & Black, for appellant.

Amos Davis, District Attorney, for Commonwealth, appellee.

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

Author: Per Curiam

[ 225 Pa. Super. Page 138]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a judgment of sentence imposed upon appellant after he was found guilty by a jury of sodomy. As the basis for his appeal, appellant

[ 225 Pa. Super. Page 139]

    contends that the Commonwealth did not prove with sufficient specificity the date the crime was committed.

The complainant was twenty-two years old, but had the intellectual development of a six or seven year old child. Because he was unable to manage his business affairs, a social worker made arrangements with the appellant for him to receive the complainant's wages and make disbursements as needed. This arrangement continued from February of 1971 to April 14, 1972. Although the indictment indicated April 16, 1972 as the date of the incident, ...


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