COMMONWEALTH v. CHAMPAGNE


224 Pa.Super. 333 (1973)

Commonwealth v. Champagne, Appellant.

Superior Court of Pennsylvania.

June 14, 1973.


Attorney(s) appearing for the Case

Mike Hanford, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Maxine J. Stotland, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.


OPINION BY HOFFMAN, J., June 14, 1973:

The question before us on appeal is whether a nine-year old prosecutrix was competent to testify in a criminal case resulting in the conviction of appellant on charges of sodomy, indecent assault and battery, and corrupting the morals of a minor.

On June 4, 1971, Denise Mason, nine years of age, was playing in her backyard when her 38-year old neighbor, Richard Champagne, allegedly pulled Denise into his house and committed...

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