Com. v. Newcomer

• Decision Date: 11 June 1957
• Parties: COMMONWEALTH of Pennsylvania v. Charles E. NEWCOMER, Appellant.
• Court: Pennsylvania Superior Court

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132 A.2d 731 183 Pa.Super. 432 COMMONWEALTH of Pennsylvania
v.
Charles E. NEWCOMER, Appellant. Superior Court of Pennsylvania. June 11, 1957.

[183 Pa.Super. 433] Myers, Taylor & Peduzzi, Edward F. Peduzzi, Ebensburg, for appellant.

William P. Kelly, Asst. Dist. Atty., David C. Wolfe, Dist. Atty., Ebensburg, for appellee.

[183 Pa.Super. 432] Before RHODES, P. J., and HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN and WATKINS, JJ.

[183 Pa.Super. 433] GUNTHER, Judge.

Charles E. Newcomer, appellant, was charged with and convicted of the crime of incestuous statutory rape upon his daughter, Diana Newcomer, then twelve years of age. Some of the offenses involved were alleged to have been committed at home, and on one occasion in an automobile while returning his daughter from piano lessons.

The Commonwealth's case was established by the girl who testified that her father had intercourse with her several

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times over a period from June to August, 1955. Mrs. Alice Newcomer, wife of the defendant, testified that in the latter part of September, 1955, she had difficulties at home, as a result of which she intended to leave defendant and so informed the children. She told the children that they were to stay with the father as he was better able to provide for them. On Sunday, October 2, 1955, as she was preparing to leave, Diana asked her not to leave and told her of the events which occurred between her and her father. The following day, Diana was examined by Dr. Bennett who testified that in his opinion she had been penetrated a number of times as there was no trace of the hymen. Dr. Ebandjieff examined the child on Sunday, October 2, 1955, and he testified that he [183 Pa.Super. 434] found the vaginal membrane intact and some slight bruises on her thighs.

Mrs. Newcomer testified that she worked at Weaver's Restaurant from July until October, 1955; that she worked different shifts so as to coincide with the shifts worked by her husband, and that during the times she worked, the children were left in the care of her husband.

Defendant took the stand and denied the charges. He also, in the form of an alibi, offered the testimony of Mrs. Hilda Weaver to show that Mrs. Newcomer was home at the time of the alleged first offense in June, and that Mrs. Newcomer did not begin work in her restaurant until the last Saturday in July. Defendant also offered testimony to the effect that while his daughter was taking her piano lesson on August 17, 1955, he took...