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COMMONWEALTH PENNSYLVANIA v. DARRELL YOUNG (02/16/79)

decided: February 16, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
DARRELL YOUNG, APPELLANT



No. 494 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Imposed on Information Nos. 465, 468, 469, 2439, 2441, 2442, 2443, and 2444, October Sessions, 1976.

COUNSEL

Dennis J. Cogan, Philadelphia, for appellant.

Edward G. Rendell, District Attorney, Philadelphia, for Commonwealth, appellee.

Price, Hester, and Hoffman, JJ. Hoffman, J. files a concurring statement.

Author: Hester

[ 263 Pa. Super. Page 335]

Appellant Darrell Young was convicted by a jury in Philadelphia Common Pleas Court of two counts each of rape, involuntary deviate sexual intercourse, and conspiracy, and one count each of robbery and burglary. Following denial of post-trial motions, a sentence of 6-15 years imprisonment was imposed. On this direct appeal, appellant raises several alleged errors in rulings of the court below. Finding no error, we affirm.

Testimony adduced at trial established the following scenario. In the early morning hours of August 17, 1976, complainants Linda Varichone and Victoria Shelton, ages 19 and 16 respectively, were standing on the front porch of their shared apartment at 1350 Hunting Park Avenue in Philadelphia. A fellow named Robb came to the porch and requested a glass of water. Receiving negative responses, Robb walked away, but soon returned with six other men, all of whom came onto the porch. The two girls were dragged into the house, ordered to disrobe and, over the

[ 263 Pa. Super. Page 336]

    next several hours, were forced to perform acts of sex with the intruders.*fn1 The ordeal lasted almost three hours and, before leaving, the perpetrators warned the victims not to go to the police, or they would be killed. They also told the victims their names, recalled at trial to be Reggie, Robb, Crip, and Psychiatrist. After the men departed, both women discovered property of theirs had been taken.

Miss Shelton quickly telephoned one "Sonny" Moore to whom she related the terrifying experience. Mr. Moore arrived shortly thereafter and consoled the women.

The girls did not report the crime to the police for ten days. On September 14, 1976, the complainants accompanied Detectives Sippel and Brown of the Philadelphia Police Department to the vicinity of Old York Road and Broad Street. At that time the ladies identified appellant, walking along Old York Road, as one of the rapists. Appellant and his co-defendants, Boykin, Key, and Sanford, were arrested shortly thereafter and formally charged. At the East Detective Division, appellant and Boykin gave statements implicating each other and Key and Sanford.

Appellant and his three named confederates were tried jointly, each represented by separate counsel. Before appellant's and Boykin's confessions were introduced by Detective Sippel, the court excised from them all references to other named individuals, in accord with Bruton v. U. S., 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed. 476 (1968). Appellant's counsel objected, stating he wanted the confessions introduced in the original, as it was critical to his defense that the statements were fabrications of the police. Counsel's theory was as follows: seven men allegedly entered the complainants' apartment. Yet in the two confessions, appellant and Boykin both named only the same four individuals ...


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