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COMMONWEALTH PENNSYLVANIA v. STEPHEN M. BOONE (09/30/83)

filed: September 30, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
STEPHEN M. BOONE, APPELLANT



No. 3079 Philadelphia 1981, Appeal from the Judgment of Sentence of November 30, 1981, Court of Common Pleas, Philadelphia County, Criminal Division at Nos. 910, 913, 914 December, 1980.

COUNSEL

Daniel H. Greene, Philadelphia, for appellant.

Alan Sacks, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Beck and Johnson, JJ. Spaeth, J., files a concurring statement.

Author: Johnson

[ 319 Pa. Super. Page 360]

Appellant appeals his convictions for rape,*fn1 involuntary deviate sexual intercourse*fn2 and conspiracy.*fn3 He was sentenced to 1 1/2 to 15 years imprisonment on the rape conviction, 1 1/2 to 15 years on the involuntary deviate intercourse conviction, and 1 to 5 years for conspiracy, to run consecutively to the rape sentence.

The facts indicate that on October 2, 1980, the victim, aged 14, was waiting for a bus to transport her to school when she encountered her former boyfriend, Maurice Bussey, who invited her to the home of Parnell Canaday, also a former boyfriend. Bussey and the victim watched television until the arrival of Canaday, who, along with Bussey, convinced the victim to engage in a game of strip poker with them. Upon losing several hands of poker and while nearly naked, she was told to either remove the blanket she was using to cover herself or go down into the basement

[ 319 Pa. Super. Page 361]

    with one of the boys. The victim reluctantly agreed to go to the basement with Bussey. Bussey then asked the victim to engage in intercourse, which she refused.

A short time later, Canaday brought Appellant and three other males to the basement, who, along with Canaday, repeatedly raped and sodomized the victim, while those not immediately participating shouted their approval. Another man eventually arrived and anally raped the victim. After approximately four hours, the males permitted the victim to leave, but threatened her with further harm if she told any one about the assaults.

Approximately two weeks later, Bussey and Canaday, accompanied by several other people, went to the victim's home and threatened the victim, her mother and sister concerning the incident. The victim reported the incident to the police the following day.

Appellant, who was tried jointly with co-defendants Rodney Hope and Robert Henderson, was found guilty on April 28, 1981*fn4 and following denial of post-verdict motions, was sentenced. This appeal followed.

Appellant raises three issues on appeal, viz.: (1) did the trial court err in refusing to ask prospective jurors, during voir dire examination, five questions prepared and submitted by ...


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