Opinion
March 13, 1972.
June 16, 1972.
Criminal Law — Constitutional law — Double jeopardy — Trial before judge without a jury — Declaration of trial judge that he did not wish to decide certain issues of credibility — Pa. R. Crim. P. 1102.
Commonwealth v. Culpepper, 221 Pa. Super. 472, followed.
WRIGHT, P.J., would affirm on the opinion of President Judge KREIDER.
WATKINS and JACOBS, JJ., dissented.
Argued March 13, 1972.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.
Appeal, No. 9, March T., 1972, from judgment of sentence of Court of Common Pleas of Dauphin County, No. 682 of 1969, in case of Commonwealth of Pennsylvania v. Leslie Leroy Williams. Judgment of sentence vacated.
Indictments charging defendant with aggravated rape, rape, assault with intent to ravish, indecent assault, assault and battery, and statutory rape. Before KREIDER, P.J.
Verdict of guilty of statutory rape and judgment of sentence entered thereon. Defendant appealed.
Arthur K. Dils, for appellant.
Marion E. MacIntyre, Deputy District Attorney, with him LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.
This appellant was the co-defendant of Thomas Frederick Culpepper, whose appeal was decided this even date. The appeals of the two defendants are identical, and for the reasons stated in Commonwealth v. Culpepper, 221 Pa. Super. 472, 293 A.2d 122 (1972), we believe that appellant was placed twice in jeopardy for the same crime.
Therefore, the judgment of sentence is vacated, and appellant is discharged.
WRIGHT, P.J., would affirm on the opinion of President Judge KREIDER.
WATKINS and JACOBS, JJ., dissent.