No. 1262 October Term, 1978, Appeal from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, Nos. 245, 247 and 250 of December Term, 1976.
Thomas L. McGill, Jr., Philadelphia, for appellant.
Eric B. Henson, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Cercone, Hester and Hoffman, JJ. Cercone, President Judge, concurs in the result.
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This is an appeal from the judgment of sentence of the Court of Common Pleas of Philadelphia County, Criminal
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Division. The procedural history and facts relevant to the issues on appeal are as follows:
In the late evening hours of November, 1976, Theresa McGowan, aged fourteen, and Darlene Bacci, aged seventeen, were walking in the vicinity of Ninth and Venango Streets on their way to purchase food. An individual later identified as the appellant grabbed Ms. Bacci by the arm. He indicated he had a gun in his pocket, ordered the girls to accompany him, then ordered them to stand against a wall while he robbed them of approximately twelve dollars. After the robbery, appellant walked the girls to the yard of an abandoned house and demanded that Ms. Bacci remove her slacks. When she refused, he ripped off her chain necklace and punched her in the face. After she removed her slacks and refused to commit oral sodomy, appellant picked up a board approximately two and one-half feet long and threatened to strike the girls unless Ms. Bacci did as he demanded. He then promised Ms. McGowan that both girls could leave if she committed oral sodomy. If she refused, he would strike Ms. Bacci with the board. After Ms. McGowan complied with his wishes, he instructed Ms. Bacci to do the same or he would strike Ms. McGowan with the board. When Ms. Bacci still refused, he struck her in the leg with the board, forcing her to commit oral sodomy. Then, after he removed her underclothing and tampax, he raped her. After ordering Ms. McGowan to remove her slacks and coat, and throwing them over the yard, he left the scene.
Upon locating a police officer near the scene, within minutes, the girls' description of their assailant had been broadcast over the police radio. The description was as follows:
"Negro male in his twenties, about five foot five wearing a tan jacket, blue pants, sneaks. having crooked teeth, and fleeing north on 8th Street towards Rising Sun." (T.21)
The police brought two suspects to the victims for identification without success. A short while later, appellant, whose clothing and physical appearance fit the description, was stopped ...