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COMMONWEALTH PENNSYLVANIA v. RICHARD KELLY (03/23/83)

submitted: March 23, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
RICHARD KELLY, APPELLANT



No. 174 PHILADELPHIA, 1982, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Bucks County, No. 294 of 1980.

COUNSEL

Stuart M. Wilder, Assistant Public Defender, Doylestown, for appellant.

Michael J. Kane, District Attorney, Doylestown, for Commonwealth, appellee.

Hester, Johnson and Popovich, JJ. Popovich, J., files a concurring statement.

Author: Hester

[ 319 Pa. Super. Page 206]

Appellant was charged with 1) kidnapping,*fn1 2) felonious restraint,*fn2 3) simple assault,*fn3 4) aggravated assault,*fn4 5) indecent assault,*fn5 6) involuntary deviate sexual intercourse,*fn6

[ 319 Pa. Super. Page 2077]

) indecent exposure,*fn7 8) rape,*fn8 and 9) recklessly endangering another person.*fn9 A jury convicted appellant of all the charges on October 28, 1980. Subsequently, appellant filed timely post-verdict motions. These motions were denied with the exception of appellant's Motion in Arrest of Judgment as to the aggravated assault conviction which was granted. Appellant was sentenced to a period of incarceration of not less than seven (7) nor more than twenty (20) years on each offense, each period to run concurrently with all others.

Appellant raises three (3) issues on appeal: 1) whether the Commonwealth proved that the court had jurisdiction to try the offenses of rape, involuntary deviate sexual intercourse, indecent exposure, and indecent assault; 2) whether the assistant district attorney's closing argument denied the appellant a fair trial; and 3) whether the court erred in its charge to the jury on jurisdiction.

The facts of the case are as follows:

On November 22, 1979, at approximately 11:00 p.m., the sixteen (16) year old victim, an employee of the Beehive Restaurant, attended a social gathering at the home of a co-worker, Ann White. Appellant, also a co-worker, arrived at the gathering at approximately 1:30 a.m.

At approximately 2:00 a.m., the victim requested that appellant drive her home and he agreed. Shortly after leaving the White residence, appellant pulled out a gun, locked the passenger door, pointed the gun at the victim's head and ordered her to the floor of his car. Appellant then drove fifteen (15) ...


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