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COMMONWEALTH PENNSYLVANIA v. MARSHALL RAY JONES. COMMONWEALTH PENNSYLVANIA V. MARSHALL RAY JONES (02/22/83)

submitted: February 22, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
MARSHALL RAY JONES. COMMONWEALTH OF PENNSYLVANIA V. MARSHALL RAY JONES, APPELLANT



No. 675 Pittsburgh 1980, No. 731 Pittsburgh 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas of Crawford County, Criminal at No. 482 of 1979.

COUNSEL

David Forrest Mowrey, Assistant District Attorney, Meadville, for Commonwealth, appellant (at No. 675) and for Commonwealth, appellee (at No. 731).

Bruce Alan Barrett, Assistant Public Defender, Meadville, for appellant (at No. 731) and for appellee (at No. 675).

Spaeth, Brosky and Johnson, JJ.

Author: Spaeth

[ 314 Pa. Super. Page 498]

Appellant Marshall Ray Jones appeals from a judgment of sentence for corruption of the morals of a minor, and the Commonwealth appeals from an order arresting judgment

[ 314 Pa. Super. Page 499]

    on Jones's conviction of involuntary deviate sexual intercourse. We affirm the judgment of sentence, and reverse the order arresting judgment.

Appellant Jones was charged with forcible rape, involuntary deviate sexual intercourse, and corruption of the morals of a minor. The victim was his stepdaughter. A jury convicted Jones of involuntary deviate sexual intercourse and corruption of the morals of a minor, but failed to reach a verdict on the charge of rape.

1

Appellant Jones first argues that the lower court erred in denying his motion for a mistrial after one juror allegedly fell asleep during the court's jury charge. N.T. 3/21/80 at 137. In moving for a mistrial, defense counsel said that "juror ten seemed to fall asleep from my observations." The lower court, however, said that "[i]t [the alleged falling asleep] certainly hasn't been anything extraordinary or I think I would have noticed. I have been sitting here looking at the jurors. That's not to say that she may not have dozed or she may be like the judge who sometimes rests his eyes without sleeping. In any event, the motion for mistrial is denied." Id. The lower court has considerable discretion in controlling the conduct of a trial. Commonwealth v. Rubright, 489 Pa. 356, 414 A.2d 106 (1980); Air Products and Chemicals, Inc. v. Johnson, 296 Pa. Super. 405, 442 A.2d 1114 (1982); DeFulvio v. Holst, 239 Pa. Super. 66, 362 A.2d 1098 (1976). We are not persuaded that in denying the motion for mistrial, the court abused its discretion.

2

Appellant Jones next argues that the lower court erred in denying his motion in arrest of judgment on his conviction for corruption of minors. To be guilty of corruption of minors, the defendant must be 18 years old or older. ...


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