No. 2190 October Term, 1977, Appeal from Judgment of Sentence in the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Bills 1348, 1349, 1350, 1353 and 1354 of October Term, 1976.
Alan Rosenberg, Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Cercone, Spaeth and Lipez, JJ.
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This appeal arises from appellant's conviction for rape, robbery, two counts of aggravated assault, and criminal
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conspiracy and the judgments of sentence thereon. Appellant raises numerous allegations of error which we shall treat seriatim. The relevant facts are as follows:
At approximately 1:30 A.M. on September 30, 1976, Delores Cahee was concluding an evening at a bar on the corner of 60th Street and Lansdowne Avenue in West Philadelphia when she enlisted the services of Charles Cromartie in securing her a ride home. Cromartie approached a white Cadillac of mid-sixties vintage and asked the driver if he would mind driving Mrs. Cahee home. Although Cromartie did not know any of the four occupants of the car by name, he did recognize the men as being persons whom he had seen about the neighborhood. The driver consented to drive Mrs. Cahee home, and with Cromartie in the back seat and Mrs. Cahee in the front of the two-door car, the sixsome embarked on a trip which concluded for Mrs. Cahee and Cromartie in Fairmount Park.
It soon became apparent to Mrs. Cahee, when appropriate turns were not taken, that her home was not the driver's destination. Her attempt to leap from the car was frustrated by the man sitting next to her, whom Cromartie subsequently identified as appellant. Once in Fairmount Park, the driver brought the vehicle to a halt. Outside the car when he inquired about stopping, Cromartie was beaten, slashed several times by a sharp instrument (either a razor or a knife), and robbed. Cromartie identified appellant as the man who actually removed his wallet. Although she was not cut, Mrs. Cahee was forced to have intercourse with three of the four men who cooperated by holding her arms and legs. With Cromartie and Cahee vanquished, the four men sped off in the Cadillac, apparently hastened by the advent of a police wagon. Cromartie, bleeding profusely, summoned the police and both he and Mrs. Cahee were taken to the hospital for treatment.
Later that morning Cromartie selected appellant's photograph from an array of six and identified him as being one of his assailants. The police then proceeded to appellant's home, 6020 Masters Street in West Philadelphia, for the
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purpose of arresting him. When they arrived at the Masters Street address they observed a white Cadillac fitting the description of the suspected vehicle parked across the street from appellant's home. Examining the automobile, which had a white interior, Officer Riehl of the Philadelphia Police observed large bloodstains on the passenger's side in the front seat. Although Cromartie's recitation of the events of the preceding evening did not account for the stains, it turned out that appellant, who had been riding in the front seat, had appeared at Lankenau Hospital, not far from the scene of the crime, at 3:30 that morning. He had been treated for a deep slash across his forearm and released. The automobile was impounded and photographed, and Cromartie positively identified the photographed vehicle as being the one which transported him to Fairmount Park that fateful evening. There were some inconsistencies in the testimony of Cromartie and Mrs. Cahee, but they were not ...