Appeal from judgment of sentence of Court of Common Pleas of Blair County, No. 81 of 1974, in case of Commonwealth of Pennsylvania v. Samuel Thomas Grassmyer. Denial of motion in arrest of judgment of statutory rape reversed and appellant discharged as to that count.
John Woodcock, Assistant Public Defender, and Richard A. Consiglio, Public Defender, for appellant.
Thomas G. Peoples, Jr., First Assistant District Attorney, and 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 and Hoffman, JJ., dissent.
[ 237 Pa. Super. Page 396]
On this appeal, the appellant, Samuel Thomas Grassmyer, contends that his demurrer to the Commonwealth's evidence on the charge of rape should have been sustained and that the verdict of the jury was contrary to the evidence. Grassmyer was convicted of statutory rape,*fn1
[ 237 Pa. Super. Page 397]
indecent assault,*fn2 aggravated assault,*fn3 and endangering the welfare of children.*fn4 Appellant does not question the validity of his sentence.
To determine whether appellant's demurrer to the evidence should have been sustained, we must review the record in a light most favorable to the Commonwealth. Commonwealth v. Deyell, 399 Pa. 563, 160 A.2d 448 (1960). We must then decide whether, on the basis of the evidence of record and the inferences reasonably drawn therefrom, the evidence would support a verdict of guilty. Commonwealth v. Green, 210 Pa. Superior Ct. 482, 233 A.2d 921 (1967). So viewed, the facts are as follows:
On December 17, 1973, Mrs. Edna Crumm left her five-year-old daughter, Carol, and her baby, Billie Jo, asleep in her house. Both girls were in good physical condition at the time. The girls were left in the care of appellant, with whom Mrs. Crumm lived, while the mother did some Christmas shopping. Mrs. Crumm testified that she left the house at about 3 p.m., and returned around 5 p.m.
Upon her return, Mrs. Crumm found blood stains on the living room couch and floor. Appellant told her that the blood stains were the result of a fall down the stairs sustained by the five-year-old. Appellant also told Mrs. Crumm that Carol was now asleep. Upon her request, Mr. Grassmyer carried Carol from her bedroom into the living room. Mrs. Crumm observed that the child's slacks were blood-stained, and removed them. Once the slacks were off, she noticed that Carol was still bleeding from
[ 237 Pa. Super. Page 398]
the area near her vagina, that her slacks and underpants were torn and damp with blood, and that ...