Appeal from the Order entered September 22, 1987, Court of Common Pleas, Warren County, Criminal Division at No. 397 of 1986.
Gregory Anthony, District Attorney, Warren, for Com.
Kenneth L. Crosby, Warren, for appellee.
Cirillo, President Judge, and Cavanaugh, Brosky, Wieand, Olszewski, Kelly, Popovich, Johnson and Melinson, JJ.
[ 379 Pa. Super. Page 590]
The Commonwealth appeals from an order granting arrest of judgment following a conviction for corruption of minors. Robert Anderson had been acquitted by a jury of two counts of indecent assault based upon the same acts, done to the same victims, underlying the corruption of minors charges. We are asked to decide whether, as a result of Anderson's acquittal of indecent assault, the conviction for corruption of minors must be set aside. Because we find that the convictions resulted from the introduction of sufficient evidence of specific acts by Anderson, and because these underlying acts, and not indecent assault, formed the basis of the corruption of minors charge, we reverse the trial court's order, reinstate the jury verdict and remand for sentencing.
Anderson was charged with two counts of indecent assault and two counts of corruption of the morals of a minor based on his alleged activity with two sisters, aged ten and fourteen. The information charged, in pertinent part:
[ 379 Pa. Super. Page 591]
COUNT # 1: have indecent contact with another, not his spouse, or did cause such other or have indecent contact with him in that he did perform cunnilingus on [the victim] several different times knowing that the conduct was offensive . . . . INDECENT ASSAULT (M-2)
COUNT # 2: being the age of 18 years or older, corrupt or tend to corrupt the morals of . . . in that he did perform cunnilingus on her several times . . . . CORRUPTION OF MINORS (M-1)
COUNT # 3: have indecent contact with another, not his spouse, or did cause such other to have indecent contact with him in that he did perform cunnilingus on the victim two times and place his hands on her intimate parts on several occasions knowing that the contact was offensive . . . INDECENT ASSAULT (M-2)
COUNT # 4: Being the age of 18 years or older, corrupt or tend to corrupt the morals of . . . in that he did perform cunnilingus on her two times, and placed his hands on her intimate parts on several occasions . . . . CORRUPTION OF MINORS (M-1)
A jury convicted Anderson of the two counts of corruption of minors and acquitted him of the two indecent assault counts. In post-trial motions, Anderson asked the court to arrest judgment on the two corruption of minors convictions. He argued that because the underlying acts forming the basis of the corruption of minors charges were also the acts underlying the indecent assault charges, and because the jury had found him not guilty of indecent assault, the court should interpret the jury verdict as a finding that the underlying acts were not committed. The court granted the motion in arrest of judgment, stating that the conduct constituting the corruption of a minor was indecent ...