COM. v. DeBERRY


269 Pa.Super. 107 (1979)

409 A.2d 87

COMMONWEALTH of Pennsylvania v. Lynn Alvin DeBERRY, Appellant.

Superior Court of Pennsylvania.

Filed August 29, 1979.

Petition for Allowance of Appeal Denied November 7, 1979.


Attorney(s) appearing for the Case

Simon B. John, Assistant Public Defender, Uniontown, for appellant.

Gerald R. Solomon, District Attorney, Uniontown, for Commonwealth, appellee.

Before VAN der VOORT, SPAETH and MONTGOMERY, JJ.


VAN der VOORT, Judge:

A jury found defendant guilty of indecent assault under § 3126(2) of the Crimes Code, 18 Pa.C.S. § 3126(2). The lower court denied motions for a new trial and in arrest of judgment, and defendant has appealed.

We reverse and direct that the motion in arrest of judgment be granted.

The statute defining the crime with which defendant, age 18, was charged, reads in part as follows:

"A person who has indecent contact...

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