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COMMONWEALTH v. YON (06/24/75)

decided: June 24, 1975.

COMMONWEALTH
v.
YON, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Blair County, No. 428 of 1974, in case of Commonwealth of Pennsylvania v. Dale William Yon.

COUNSEL

James H. English, Assistant Public Defender, for appellant.

Amos C. Davis, District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Price, J. Jacobs, J., concurs in the result. Concurring Opinion by Van der Voort, J. Watkins, P.j., joins in this concurring opinion.

Author: Price

[ 235 Pa. Super. Page 234]

Following a jury trial on August 1, 1974, appellant was found guilty of statutory rape,*fn1 sodomy,*fn2 and corrupting the morals of a minor child.*fn3 Motions for new trial and in arrest of judgment were filed and denied, and on November 25, 1974, appellant was sentenced. The sentence was modified on January 20, 1975, and this appeal followed.

The only issue raised by appellant concerns the lower court's refusal to quash the indictments for lack of specificity of the date or dates on which the alleged offenses took place.

The situation giving rise to this appeal is both sad and sordid. Suffice to say that the female child involved was thirteen (13) years of age and living with her mother and step-father during the time framed in the indictments from January 1, 1972, to July 1, 1973. It is alleged that during that period and at the direction of her step-father and perhaps her mother this child engaged in many and varied sexual acts with numerous individuals, among them this appellant.

The indictments returned against this appellant read that appellant committed these offenses "between 1 January

[ 235 Pa. Super. Page 2351972]

and 1 July, in the year of our Lord one thousand nine hundred 73, at the Borough of Williamsburg in the County [Blair]. . . ." Appellant filed a request for a Bill of Particulars, seeking to obtain the "date and time, as exact as may be, that the offense is alleged to have occurred." The Commonwealth disclosed the following information in response:

"The Commonwealth is able to establish when the defendant first came to the victim's home being on or about January 1, 1972 and subsequent visits up to July 1, 1973."

At trial the victim testified to two (2) occasions when appellant came to her home. The first such visit testified to was shortly after a specified hearing before a Magistrate. The parties stipulated such hearing was held on June 26, 1972. The victim further testified that the second occasion was two (2) or three (3) weeks after the first visit, and further that both were in the summer of 1972. Whether this meant the months of July and August, as would be expected of a child of these years, or the more technical inclusion of a part of September is of no importance. The point is that the occasions were most certainly between June 26, 1972, and September 22, 1972, the technical end of that summer. Either of these time periods does not seem too difficult to establish, nor does it seem to place too difficult ...


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