Appeal From Judgment of Sentence, Court of Common Pleas, criminal Division, Bucks County No. 2467/1984
John J. Fioravanti, Assistant Public Defender, Warminster, for appellant.
Alan M. Rubenstein, District Attorney, Philadelphia, for Com., appellee.
Cavanaugh, Popovich and Montgomery, JJ.
[ 358 Pa. Super. Page 199]
The appellant, Charles Roy Cain, was found guilty of statutory rape, forcible rape, deviate sexual intercourse and indecent assault following a jury trial before Bortner, J. Motions in arrest of judgment and for new trial were denied. Appellant was sentenced to 7 1/2 to 15 years imprisonment for rape and statutory rape and 7 1/2 to 15 years imprisonment for involuntary deviate sexual intercourse and indecent assault the sentences to be served consecutively
[ 358 Pa. Super. Page 200]
upon the expiration of the sentence for rape. An appeal was taken to this court from the judgment of sentence.
The evidence established that on April 18, 1984, two brothers, Randy and Richard, who were eight and ten years of age respectively, went fishing with the appellant at his invitation. The appellant picked the boys up after school and took them in his car to Neshaminy Creek in Warwick Township, Bucks County. The testimony of both boys established that during this fishing trip the appellant had deviate sexual intercourse with them.
On April 28, 1984 the appellant again invited the boys to go fishing at the same location. On this trip another boy, Michael, who was the cousin of Randy and Richard, also went along. When the group arrived at the fishing site the boys put up a tent. While Michael was fishing, appellant took both of the boys separately into the tent and again had deviate sexual intercourse with them. At one point the appellant threatened to kill Randy.
On May 4, 1984 the two brothers told their mother of what the appellant had done to them on April 18 and April 28, 1984. The incident was immediately reported to the police by their mother.
The appellant contends that the trial court erred in allowing Richard's mother to testify to a statement made to her by Richard six days after the second incident occurred. Richard's mother became suspicious that something was wrong when he said he did not want to go with the appellant on another fishing trip. When his mother asked whether the appellant had abused Richard, the boy replied in the affirmative. Over objection by defense counsel, she testified at trial that Richard answered, "Yes mom. He ...