Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1973, Nos. 389, 390, and 391, in case of Commonwealth of Pennsylvania v. George White.
Anne F. Johnson and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant.
Frank X. Froncek, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Cercone, J.
[ 232 Pa. Super. Page 179]
This is an appeal from the judgment of sentence imposed by the court below. The appellant, George White, was found guilty in a non-jury trial of conduct which corrupted or tended to corrupt the morals of a minor, attempted indecent assault, and terroristic threats. He was acquitted on indictments charging attempted rape and attempted statutory rape. Post-trial motions were argued and denied, whereupon the appellant was sentenced to three years psychiatric probation for the offense of corrupting the morals of a minor. A concurrent sentence of two years psychiatric probation was imposed on the conviction of attempted indecent assault. Sentence was suspended on the bill charging terroristic threats. This appeal followed.
At trial the complainant, Walesca Rodriquez, an eight-year-old girl, testified that in July of 1973, she was playing outside her home located in Philadelphia, when a man, who she later identified as the appellant,
[ 232 Pa. Super. Page 180]
came over to her and placed his hand over her mouth and shined a flashlight on her face. The child further testified that the appellant carried her to the back of an abandoned house located on the same block as her own home. Once inside, the appellant told the girl he was going to grab her. The child then testified that the appellant held her against a wall by her shoulders and proceeded to pull her skirt up approximately six inches when she suddenly saw a neighbor, Edwin Negron, passing a window. The child called out to Mr. Negron that the appellant wanted to kill her. At this point, the appellant left the child alone and fled the house with Mr. Negron unsuccessfully giving chase.
The appellant testified that on the night of the incident, he was using his flashlight in search of his dog in the vicinity of the abandoned house. Appellant further testified that as he was leaving the old house Mr. Negron confronted him and asked him what he was doing. When Mr. Negron advanced towards him the appellant fled. The appellant also testified that he never touched the complainant, nor was she with him when he entered the old house. The appellant called four witnesses to testify in his behalf. In essence, these witnesses testified to the effect that the defendant told them he was going to look for his dog on the night in question.
With respect to his conviction for attempted indecent assault, appellant contends that in the first instance, the evidence was insufficient to constitute the crime and, in any event, since he was specifically indicted for indecent assault he could not be convicted of attempted indecent assault. We do not agree with either contention.
The recently enacted Pennsylvania Crimes Code, Act of December 6, 1972, P.L. 1482, No. 334, § 1, eff. June 6, 1973, 18 Pa. C.S. § 101 et seq., controls the disposition of this appeal ...