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COMMONWEALTH PENNSYLVANIA v. RICHARD BUSER (04/25/80)

filed: April 25, 1980.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD BUSER, APPELLANT



No. 2788 October Term 1978, Appeal from Judgment of Sentence in Court of Common Pleas, Criminal Division of Lehigh County, at Nos. 8, 9, 10 of 1976.

COUNSEL

Samuel R. Kasick, Assistant Public Defender, Allentown, for appellant.

William H. Platt, District Attorney, Allentown, for Commonwealth, appellee.

Spaeth, Hester and Cavanaugh, JJ.

Author: Spaeth

[ 277 Pa. Super. Page 453]

A jury convicted appellant of rape,*fn1 statutory rape,*fn2 corrupting the morals of a minor,*fn3 and incest.*fn4 Post-verdict

[ 277 Pa. Super. Page 454]

    motions were denied and appellant was sentenced to one sentence of three to ten years imprisonment for rape and statutory rape, to a consecutive sentence of one to two years imprisonment for corrupting the morals of a minor, and to pay the costs of prosecution on the incest conviction. On this appeal he argues that the lower court erred 1) in allowing the jury to consider improper evidence; 2) in failing to grant his motion to dismiss certain charges; and 3) in imposing an improper sentence.

The charges against appellant arose from his sexual abuse of his minor daughter. The daughter, who was fifteen years old at the time of the trial, described this abuse as follows. Starting when she was eight or nine years old, appellant forced her to commit oral sodomy on him two or three times a week. The family lived in Berks County at that time. After they moved to Lehigh County, when the daughter was thirteen, appellant forced her to engage in sexual intercourse with him several times a week. The daughter testified that she had often complained about appellant's abuse of her to her mother but that her mother did nothing about it. She specifically described one incident that occurred on August 16, 1975. Her mother was not at home and appellant came to her room and demanded sexual intercourse. She refused at first but submitted when he threatened to beat her. She also recalled that one other time appellant struck her when she tried to refuse intercourse. On September 23, 1975, she ran away from home and reported appellant's abuse of her to her maternal grandmother, who the next day informed the police.

-1-

Appellant's first argument is that the lower court erred in permitting the daughter to describe the prior incidents of sexual abuse, especially those that occurred when she was eight or nine years old and living in Berks County.

Generally, testimony of other criminal conduct by an accused is inadmissible at trial. Commonwealth v. Spruill, 480 Pa. 601, 391 A.2d 1048 (1978); Commonwealth v. Fuller, 479 Pa. ...


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