189 Pa. Super. 200 | Pa. Super. Ct. | 1959
Opinion by
The defendant was charged with contributing to the delinquency of one Dorothy L. Little in violation of §20 of the Act of June 2, 1933, P.L. 1133, 11 PS §262. Cf. Commonwealth v. Stroik, 175 Pa. Superior Ct. 10, 102 A. 2d 239. In a second information lodged against him he was charged with the same offenSé as
' From a review of the evidence contained in the transcript of the justice it appears that Dorothy Little testified that about 9 p.m. on the evening of June 13, 1958 the defendant called her on the telephone at the place of her employment and invited her to come to his house “to hear some records.” Defendant’s wife and child had been away from the home for some time and Dorothy was acquainted with this fact. She nevertheless complied with his ■ suggestion and stayed at his house until about midnight. While there she drank 6 glasses of beer which were served her by the defendant, or which she helped herself to from the kitchen. Because of the lateness of the hour and the fact that she was violating the terms of her probation, she was afraid to go home and after spending some time with a girl friend she slept in her brother’s car in front of her home for the rest of the night and until about 8 o’clock in the morning. When she told her father that she had been drinking in the home of the defendant he immediately filed the present charges. The second girl Patricia McCleaf, according to the transcript, testified that she was supposed to be home
The defendant is 24 years of age and is a barber by trade. At the time of sentence a third girl appeared and stated to the court that the defendant had asked her to induce the Little and McCleaf girls to tell the sentencing judge that the defendant’s wife and child were present in the house on the night in question. Trostle denied that he had relations with the McCleaf girl. Under the above section of the 1933 Act it was presumed that the defendant had knowledge that the girls were but 16 years of age and also that the jurisdiction of the juvenile court had attached to both of them; the defendant did not deny having such knowledge until after he took this appeal.
There is no merit in any of the defendant’s complaints. Both of the informations lodged with the justice, and the indictments, charged the offenses in the language of the 1933 Act, supra. But even if there were formal defects in the indictments it is too late for the defendant to object to them now. The fact that the defendant entered a plea of guilty on each of the indictments operates as a waiver of any such defects (Com. ex rel. Jenkins v. Ashe) 341 Pa. 334, 19 A. 2d 472) and this is especially so since defendant pleaded guilty to the indictments on the advice of his counsel. The • indictments contained averments of all
Judgments of sentence affirmed.