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COMMONWEALTH v. RANSOM (04/22/76)

decided: April 22, 1976.

COMMONWEALTH
v.
RANSOM, APPELLANT



Appeal from judgment of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1974, No. 1517, in case of Commonwealth of Pennsylvania v. Jerome Carlton Ransom.

COUNSEL

Arthur R. Shuman, Jr., and Shuman and Lawler, for appellant.

Stephen Levin, Mark Sendrow, and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy 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 Van der Voort, J. Hoffman and Spaeth, JJ., concur in the result.

Author: Van Der Voort

[ 240 Pa. Super. Page 94]

On March 7, 1974, the prosecutrix, Miss Adrian Watson, was assaulted and struck in the face by her boyfriend, appellant Jerome (Carlton) Ransom, while walking at 13th and Samson in Philadelphia. Appellant was charged with corrupting the morals of a minor and with simple assault, was tried on December 12, 1974 before a judge sitting without a jury, and was found guilty of simple assault. Appellant was sentenced on March 7, 1975 to two years of non-reporting probation, and brought this direct appeal to our Court raising three issues.

Pennsylvania Rule of Criminal Procedure 1101 states: "In all cases, the defendant may waive a jury trial with the consent of his attorney, if any, and approval by a judge of the court in which the case is pending, and elect to be tried by a judge without a jury . . . . The waiver shall be in writing, made a part of the record and shall be in the following form. . . ." Appellant in the case before us orally waived his right to a jury trial, but now argues that he should be awarded a new trial since he never executed a written waiver of this right. A white slip of

[ 240 Pa. Super. Page 95]

    paper, attached to the record, clearly labeled "Waiver of Jury Trial," signed by "Carlton J. Ransom," by appellant's trial counsel, and by the lower court judge, establishes that appellant's memory is fallible on this point. Rule 1101 has been complied with in this case, and appellant has effectively waived his right to a jury trial.

Appellant's second argument is that the trial court erred in permitting a witness, the victim's mother, to testify on direct examination regarding certain statements made by the prosecutrix to that witness.

"Q. Ma'am, did you see your daughter on the date she was struck by the defendant?

"A. Yes, I did.

"Q. Will you describe to the Court what she looked ...


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