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COMMONWEALTH v. LAMBERT (11/16/73)

decided: November 16, 1973.

COMMONWEALTH
v.
LAMBERT, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1972, No. 1960, in case of Commonwealth of Pennsylvania v. Bruce Lambert.

COUNSEL

Leonard Sosnov, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

John H. Isom, Assistant District Attorney, with him David Richman, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Spaeth, JJ. (Spaulding, J., absent). Opinion by Hoffman, J. Wright, P. J., and Watkins, J., dissent.

Author: Hoffman

[ 226 Pa. Super. Page 42]

This is an appeal from a judgment of sentence for corrupting the morals of a minor. Appellant contends that his motion in arrest of judgment should have been granted because the Commonwealth failed to prove, as

[ 226 Pa. Super. Page 43]

    charged in the indictment, that appellant corrupted the morals of certain minors "in that he did furnish dangerous drugs to said minors." Two other indictments charged the appellant with distributing dangerous drugs.

The evidence established that the twenty-three year old appellant, in response to his fifteen year old girl friend's request, gave her six pills which she described as "red-devils". After taking three of the pills, the girl fell asleep. When her mother encountered difficulty in waking her, she took the girl to a hospital where she was examined by a doctor, received no treatment, and was soon released.

At trial, the Commonwealth did not prove that the pills were dangerous drugs.*fn1 Without such evidence, the trial judge properly sustained appellant's demurrers to the drug charges. The Court, however, denied appellant's demurrer to the charge of corrupting the morals of a minor.

Relying upon the broad scope of our statute,*fn2 the judge believed that the Commonwealth's failure to prove that the pills were dangerous drugs was irrelevant.

[ 226 Pa. Super. Page 44]

The court held that the act of supplying unidentified pills to a minor who requested them was conduct tending to ...


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