Commonwealth v. Perrin

398 A.2d 1007, 484 Pa. 188, 1979 Pa. LEXIS 521
CourtSupreme Court of Pennsylvania
DecidedMarch 16, 1979
Docket92
StatusPublished
Cited by39 cases

This text of 398 A.2d 1007 (Commonwealth v. Perrin) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Perrin, 398 A.2d 1007, 484 Pa. 188, 1979 Pa. LEXIS 521 (Pa. 1979).

Opinions

[191]*191OPINION

LARSEN, Justice.

On July 3, 1975, Ida Smith was found strangled to death in the bedroom of her Philadelphia home. Eleven days later, the appellant, Robert L. Perrin, was apprehended and charged with the murder of the deceased. Appellant elected to be tried by a jury and, on January 21, 1976, he was found guilty of murder in the second degree (felony murder). Motions in arrest of judgment and for a new trial were filed and denied. On August 31, 1976, appellant was sentenced to life imprisonment, and this direct appeal followed.

Appellant’s initial contention is that the evidence is not sufficient to sustain his conviction of murder in the second degree because it was not proven beyond a reasonable doubt that he was guilty of involuntary deviate sexual intercourse, the felony underlying this felony-murder conviction. The evidence adduced at appellant’s trial and all proper inferences therefrom, when viewed in the light most favorable to the Commonwealth,1 produce the following grim scenario:

Appellant resided at 1739 N. Bailey Street in the City of Philadelphia with his girlfriend Sheila Richardson, Ms. Richardson’s five-year-old daughter Ava, and the deceased, Ida Smith. On July 2, 1975, at approximately 10 p. m., Ida Smith and the Richardson child returned home from a four-hour visit with the child’s grandmother. They found appellant and his girlfriend engaged in a heated argument over the disappearance of some money the deceased had given to Sheila Richardson for the household expenses. Appellant’s girlfriend concluded the argument by ordering appellant to pack his belongings and leave the house by the coming weekend, and all four retired for the evening. At approximately 11:30 p. m., after the deceased was alone in her bedroom, she telephoned her fiance and requested that he come and take her away from the house stating that appellant was behaving very strangely and expressing a fear [192]*192of him. The deceased’s fiance declined because of the late hour and offered to discuss the matter with her on the following day. Their phone conversation lasted until approximately 2:15 a. m. on July 3, 1975.

Five hours later, appellant’s girlfriend went into the deceased’s bedroom to awaken her and found that she would not respond. Appellant told her that the deceased was dead. Appellant’s girlfriend went back to her own bedroom and was telephoning the deceased’s aunt when appellant entered the room and forcibly interrupted her dialing. Appellant then attempted to prevent her from reporting the death to anyone by brandishing an ice pick in her face and stretching the telephone cord between his hands in a threatening manner while stating that this is what had happened to the deceased. A violent struggle ensued which attracted the attention of neighbors who broke into the house and freed appellant’s girlfriend from his grasp. Appellant then fled from the house and his girlfriend telephoned the police.

The responding officers examined the victim’s body, which was lying naked under the covers with her legs spread apart, and could find no signs of life. The victim’s bedroom was searched and pieces of torn cloth which were later identified as her nightgown were uncovered. An autopsy was performed on the victim’s body and this disclosed that spermatozoa had been deposited in her vagina within twenty-four hours of death, that the wall of her rectum just distal to the anus had been torn within six hours of death in a manner consistent with forceful penetration, and that the cause of death was strangulation by ligature (i. e., strangulation accomplished by a binding or tying with a cord, filament, or similar object). It was the medical examiner’s opinion that the victim had been sexually assaulted.

The crime of involuntary deviate sexual intercourse is committed when a person forces another person by actual physical compulsion or threats thereof to engage in acts of anal or oral intercourse. Act of December 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S.A. § 3101 and § 3123. From the fact that the victim was found strangled to death [193]*193on her bed with her legs spread apart, her clothing torn from her body, spermatozoa in her vagina and tears on the wall of her rectum, the jury could have found beyond a reasonable doubt that she had been sexually assaulted and forcibly sodomized. Further, from the victim’s fear of appellant, appellant’s access and opportunity to commit the crime, and appellant’s aforementioned inculpatory statements to his girlfriend and bizarre behavior after the victim’s corpse was discovered, the jury could have concluded beyond a reasonable doubt that appellant perpetrated this crime. Thus, there was sufficient evidence to convict appellant of involuntary deviate sexual intercourse and, consequently, to sustain his conviction of murder in the second degree (felony murder).

Next, appellant alleges that the Court below abused its discretion in not appointing new counsel after appellant expressed reservations about the adequacy of counsel’s pretrial preparation. Before voir dire began, appellant’s appointed counsel approached the Court and stated that appellant was dissatisfied with his representation. The Court questioned appellant and discovered that the source of his dissatisfaction was a lack of communication which had resulted from counsel’s inability to visit the prison and communicate the investigator’s findings to appellant. The Court informed appellant and his counsel that the voir dire would commence as scheduled and ordered them to confer with each other after court was adjourned for the day. The Court then instructed appellant to return on the following morning and report any complaints which were not resolved by this conference. Appellant did not call any unresolved complaints to the Court’s attention on the following day nor did he express dissatisfaction with counsel at any other point, in the proceedings. We find appellant’s claim has no merit.

Third, appellant alleges that the Court below abused its discretion in ruling that the Commonwealth could impeach his credibility with a prior larceny conviction. Specifically, appellant contends that in so ruling the Court failed to give proper weight to the prejudice that would [194]*194result from admission of appellant’s prior conviction and the chilling effect this prejudice would have on his decision to testify.2

The per se rule admitting prior convictions involving dishonesty or false statements for purposes of impeaching a criminal defendant was abandoned in Commonwealth v. Bighum, 452 Pa. 554, 307 A.2d 255 (1973). In its stead, Bighum adopted the approach of Luck v. United States, 121 U.S.Ápp.D.C. 151, 348 F.2d 763 (1965) and placed the matter within the sound discretion of the trial court after a balancing of those factors which bear upon the competing interests involved. Recently, in Commonwealth v. Roots, 482 Pa. 33, 393 A.2d 364 (1978), this Court further refined the factors which should be weighed by the court in exercising its discretion3 and stressed the necessity for a meaningful exercise of that discretion.

In the instant case, the Court below conducted a hearing to determine the admissibility of appellant’s prior convictions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Ogrod
839 A.2d 294 (Supreme Court of Pennsylvania, 2003)
Commonwealth v. Keaton
729 A.2d 529 (Supreme Court of Pennsylvania, 1999)
Commonwealth v. Strong
563 A.2d 479 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Troy
553 A.2d 992 (Supreme Court of Pennsylvania, 1989)
Commonwealth v. Randall
528 A.2d 1326 (Supreme Court of Pennsylvania, 1987)
Commonwealth v. Osborn
528 A.2d 623 (Supreme Court of Pennsylvania, 1987)
West v. State
719 S.W.2d 684 (Supreme Court of Arkansas, 1986)
Commonwealth v. Bailey
511 A.2d 180 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. Mlinarich
498 A.2d 395 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Johnson
489 A.2d 821 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. Smith
459 A.2d 777 (Superior Court of Pennsylvania, 1983)
Commonwealth v. Henderson
438 A.2d 951 (Supreme Court of Pennsylvania, 1981)
Commonwealth v. Sudler
436 A.2d 1376 (Supreme Court of Pennsylvania, 1981)
Commonwealth v. McGarry
421 A.2d 847 (Superior Court of Pennsylvania, 1980)
Commonwealth v. Robinson
16 Pa. D. & C.3d 243 (Lawrence County Court of Common Pleas, 1980)
State v. O'BRIEN
412 A.2d 231 (Supreme Court of Rhode Island, 1980)
Commonwealth v. Williams
417 A.2d 704 (Superior Court of Pennsylvania, 1980)
Commonwealth v. Phillips
414 A.2d 646 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Epps
411 A.2d 534 (Superior Court of Pennsylvania, 1979)
Commonwealth v. Sabb
409 A.2d 437 (Superior Court of Pennsylvania, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
398 A.2d 1007, 484 Pa. 188, 1979 Pa. LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-perrin-pa-1979.