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COMMONWEALTH PENNSYLVANIA v. BARRY BROWN (06/13/81)

submitted: June 13, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
BARRY BROWN, APPELLANT



No. 1685 October Term, 1979, Appeal from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Delaware County at No. TR 1467-78.

COUNSEL

Roy H. Davis, Assistant Public Defender, Media, for appellant.

Frank T. Hazel, District Attorney, Media, for Commonwealth, appellee.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Cavanaugh

[ 290 Pa. Super. Page 449]

Barry Brown, the appellant, was convicted by a jury on charges of robbery, rape, unlawful restraint, indecent assault, theft by unlawful taking, theft by receiving stolen property and criminal conspiracy. He was acquitted of a charge of kidnapping. Motions for a new trial and in arrest of judgment were denied. Concurrent sentences of two-and-a-half

[ 290 Pa. Super. Page 450]

    to ten years were imposed for rape and robbery. Sentence was suspended as to the remaining convictions.

I

Appellant's first contention is that the evidence was insufficient to support the verdicts. The evidence, viewed in the light most favorable to the Commonwealth, the verdict winner,*fn1 disclosed that on March 2, 1978, the victim a twenty-nine year old widow, while driving in Philadelphia, stopped at a traffic light. Another car driven by appellant's co-defendant, Stephen Jones, stopped in the adjoining lane. With Jones were appellant who sat on the passenger side in front, and two other male passengers in the back seat. The four men tried to attract the victim's attention by blowing the horn, screaming, and attempting to force her car off the road. Some four blocks further on, at another traffic light, the victim opened her door and yelled a racial epithet at the four men. Appellant went to her car, pulled her out, and pushed her into the Jones' vehicle. She asked to, but was not allowed to leave, Jones placing a hand on her thigh and Jones placed his arm around her neck.

Jones drove around for some ten to fifteen minutes, during which time the men and the victim were talking and smoking "angel dust". The victim testified that she spoke and smoked so as to appear not to be afraid. She also offered Jones or Brown some "angel dust" of her own in the hope of making them less alert. The back seat passengers were dropped off. As the Jones' car continued the victim kicked the windshield and screamed so as to attract two police officers standing in front of a diner. Jones and appellant grabbed her legs. Eventually the car arrived at a motel in Tinicum Township. Jones opened the door to a motel room with a key. Appellant pulled the victim from the car and pushed her into the motel room. As soon as she entered the room, she noticed what she believed to be a pool of blood in the middle of the sheet on the first bed. The

[ 290 Pa. Super. Page 451]

    victim thought she was going to be killed because appellant had ...


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