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COMMONWEALTH PENNSYLVANIA v. JEFFRY LEE KIBE (10/20/78)

decided: October 20, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
JEFFRY LEE KIBE, APPELLANT



No. 1551 October Term, 1976, Appeal from the Judgment of Sentence imposed on March 26, 1976, by the Court of Common Pleas of Cumberland County, Criminal Division, at No. 1063, 1975.

COUNSEL

James D. Bogar, Assistant Public Defender, Carlisle, for appellant.

Edgar B. Bayley, District Attorney, Camp Hill, for Com., appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., files a dissenting opinion. Watkins, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.

Author: Price

[ 258 Pa. Super. Page 354]

On November 3, 1975, at about 11:20 P.M., Carrie Coulson left the Enola Hotel in Enola, and headed for the hotel's parking lot where her car was parked. From the hotel porch she saw a blue sedan pull into the parking lot. The driver of the blue sedan parked it four or five cars away from the spot in which Mrs. Coulson's car was parked. At that time, Mrs. Coulson saw no other activity in the parking lot.

[ 258 Pa. Super. Page 355]

Leaving the hotel porch, Mrs. Coulson walked into the parking lot and approached her car. She heard a car door slam and footsteps approaching from behind her. As she reached the rear of her automobile the footsteps were close behind. Because her car was locked, she turned to check the source of the footsteps. At that point, her testimony recites that:

A I turned around and seen a person in back of me about an arm's length away.

(Brief pause taken off the record.)

MR. BAYLEY: Would you just read the answer back to that last question, the last question and answer.

(Question and answer referred to read back by reporter.)

BY MR. BAYLEY:

Q A man or a woman?

A A man.

Q At that point when you observed this man, had you ever seen him before to your knowledge?

A No.

Q What occurred next?

A He asked me if that car was mine, and I says yes. He says get in it, and I said no, I'm not.

And then he started to fool around with the front of his pants, and then I just screamed.

Q When you screamed, what occurred next?

A Well, he hit me in the face around the nose.

Q Do you know what portion of his body hit you, did you see the blow coming?

A No.

Q When you were hit, what happened to you?

A I fell down on my back, and then I got up and ran into the Enola ...


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