No. 769 April Term, 1979, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Allegheny County, at No. 7806399 A.
John H. Corbett, Jr., Pittsburgh, for appellant.
Charles W. Johns, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.
Cavanaugh, Hoffman and Van der Voort, JJ.
[ 285 Pa. Super. Page 516]
Regina Kail, a fifteen year old female, was placed in the McIntyre Shelter in Pittsburgh on September 28, 1978 by order of the Juvenile Court of Allegheny County. On that same night she left the shelter with Teresa Montgomery, a seventeen year old female and both girls went to McKeesport,
[ 285 Pa. Super. Page 517]
Pennsylvania, where they spent the night. On the morning of September 29, the two young women went to the appellant's house where they stayed for about four days. Miss Kail did not know the appellant, but he was a friend of Miss Montgomery. The girls told appellant that they had run away from McIntyre Shelter. On the first night that they were in appellant's house two friends of appellant's arrived and smoked marijuana. On the second night appellant was at the house and a group of approximately eight or nine of his friends came to visit, including individuals identified as Greg, Smitty and Chubby. Miss Kail observed the appellant, Smitty and Greg measuring and mixing a solution containing a white powder in a bottle cap. After burning the solution some of those present including the appellant, injected it into their arms with a hypodermic needle. Smitty asked Miss Kail if she wanted to participate in the activity and she stated that she did not. He later returned and again she told him that she did not want to participate. He then tied his belt around her arm and crushed an orange pill and mixed it with a liquid in a small prescription bottle. He filled a hypodermic needle with the substance and injected it into her arm. This was at approximately 10:30 at night and about 3 o'clock in the morning he injected the same substance in her arm. At 7 o'clock in the morning the appellant injected a substance into Miss Kail's arm which had been prepared from a white powder. The witness testified that the substances were injected into her veins and were identified by someone in the group as speed, although she was not sure if appellant told her it was speed. Speed is the street name applied to amphetamines.
As the result of the injections Miss Kail felt exhilarated. They also caused her to have a strong desire for sex and she had sexual intercourse with Smitty. Initially, the injection made her feel very much awake. However, after the third and last injection Miss Kail felt extremely depressed. Late that night she became scared and left appellant's residence with Chubby. She went to the home of an individual who
[ 285 Pa. Super. Page 518]
lived about a block from the appellant's residence. Miss Kail then called her parents and the police came and took her to McKeesport Hospital.
Appellant was charged with corrupting a minor "by exposing the victim to the use of narcotic drugs."*fn1 At trial, prior to the jury being impaneled the information was amended with the court's approval to add that appellant exposed the victim to the use of narcotic drugs "by injecting into her a substance identified by the actor as speed."*fn2
The initial information charged the appellant with corrupting the morals of a minor by specific conduct, namely by exposing her to the use of narcotic drugs. Apparently the district attorney was concerned that he would have difficulty in proving that the minor was exposed to a narcotic drug. The district attorney stated "We cannot prove by chemical analysis that it was a narcotic substance, but we can prove the defendant [appellant herein] gave the victim a substance and told her it was a narcotic substance and by that act corrupted." By adding the qualifying phrase "by injecting into her a substance identified by the actor as speed", the district attorney hoped not to have to ...