Appeal from the Order of the Court of Common Pleas, Criminal Division, of Philadelphia County at No. 79-10-1031.
Vincent J. Ziccardi, Philadelphia, for appellant.
Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.
Wickersham, Brosky and Tamilia, JJ. Tamilia, J., concurs in the result.
[ 350 Pa. Super. Page 128]
Elwood Mileshosky was tried before the Honorable Angelo A. Guarino and a jury in March of 1980 on various charges relating to an incident with three young schoolgirls on September 11, 1979.
Q. Now, when you got into the woods area, can you tell us what happened from that point?
[ 350 Pa. Super. Page 129]
A. He said -- Colleen started running. He said, "Get back here or I'll blow off your head." Tara and I screamed. Colleen came back. Do you want me to tell you what happened?
A. Then he said, "All right. Now, everybody be quiet and pull up their skirts." And I turned around and I said, "No." I said, "You're a phony. You're a fake. That's only a water pistol. What are you trying to do?"
He said, "you want to feel it in your side?"
He said, "feel the gun." So he put it out. I put my hand on it to see, and he pulled it back.
Q. What did the gun feel like?
Q. Did you believe at that time it was in fact a real gun?
A. Yes. So then he said, "Pick up your skirts," again. I turned around and said, "No. can't. I'm getting real nervous."
He pushed me on the ground and he just pushed me back, broke my necklace. I was sitting on the ground shaking.
Then he told my sister and Colleen to pick up their skirts and pull down their panties. So ...