No. 281 April Term 1977, Interlocutory Appeal from the Order dated November 10, 1976 of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division at No. CC 76-05758.
Russell J. Ober, Jr., Pittsburgh, with him Wallace, Chapas & Ober, Pittsburgh, for appellant.
J. Hernandez-Cuebas, Assistant District Attorney, with him Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 259 Pa. Super. Page 69]
On July 19, 1976, appellant was charged in a private complaint with five counts of statutory rape.*fn1 The acts on which the complaint was based were alleged to have taken place on or about April 16, May 27, and June 1, 1976, and on two unspecified dates in May 1976. It was further alleged in the complaint that the victim was at all times fourteen years old, having been born on September 4, 1961.
On July 29, 1976, a preliminary hearing was held, and on August 19 an information was filed against appellant. On
[ 259 Pa. Super. Page 70]
August 24 appellant filed an application to quash the information. The application cited the fact that the Act of May 18, 1976, P.L. 120, No. 53, § 1, effective in 30 days, had amended the Crimes Code definition of statutory rape by reducing the age of consent from sixteen years to fourteen years, and that this amendment had been made without the inclusion of a clause saving statutory rape prosecutions in progress at the time of its effective date.*fn2 Accordingly, the application contended, the Commonwealth's authority to prosecute appellant had terminated.
On November 10, 1976, the lower court entered an order denying appellant's application. On November 19 appellant filed a petition in the lower court for allowance of appeal and certification, and in response the lower court stayed proceedings and certified the record to this court. On November 23 appellant filed in this court a petition for permission to appeal from an interlocutory order, and on November 24 this court granted the petition.*fn3
[t]here is no vested right in the Commonwealth, existing after the repeal of a criminal ...