On January 24,1991, defendant, Edwin Lee Zinn II, was convicted by a jury on a count of robbery,
On October 24,1989, Joann Kohler, age 52, a waitress at the Colonial House Restaurant in Carlisle, was walking home from work at about 11 p.m. Suddenly, two “guys” ran past her, one of whom grabbed her purse, causing a brushbum on her arm where the strap had been. The men had hoods over their heads so that she could not see their faces. Her purse contained a wallet, money and various other items. The victim immediately reported the robbery to the police.
Tracy Jones, age 20, testified on behalf of the Commonwealth. She stated she saw McKenzie and Zinn leave the apartment on October 24, 1989, and when they came back they had the purse. She and Cathy, as well as the two men, were present when the items in the purse were taken out. The men split the money and she received some of the other items.
In addition to the counts of robbery, conspiracy and theft, defendant was also charged with receiving stolen property (the purse and contents of Joann Kohler).
DISCUSSION
When a charge on the corrupt-source rule is required on the facts of a case, it is reversible error to refuse to give the charge. Commonwealth v. Bricker, 525 Pa. 362, 581 A.2d 147 (1990). Commonwealth v. Upshur, 488 Pa. 27, 410 A.2d 810 (1980). In Commonwealth v. Thomas, 479 Pa. 34, 37-38, 387 A.2d 820, 822 (1978), the Supreme Court stated:
“The rationale behind instructing a jury that it should view the testimony of an accomplice with suspicion when the accomplice testifies for the prosecution, lies in the recognition that such a witness, out of a reasonable expectation of leniency, has an interest in inculpating others.... For an accomplice charge to be required, the facts need not require the inference that the witness was in fact an accomplice, they need only permit such an inference.... If the evidence is sufficient to present
In the present case, defendant does not maintain that Tracy Jones was an accomplice to the crimes of robbery, conspiracy to commit robbery, and theft of the purse from Joann Kohler, as there was no evidence that would have permitted such an inference as an accomplice is defined at 18 Pa.CS. §306(c):
“A person is an accomplice of another person in the commission of an offense if:
“(1) with the intent of promoting or facilitating the commission of the offense, he:
“(i) solicits such other person to commit it; or “(ii) aids or agrees or attempts to aid such other person in planning or committing it....”
Since both Eric McKenzie and Tracy Jones testified that Tracy Jones received some of the items in the stolen purse, defendant maintains there was evidence that Tracy Jones was a principal and accomplice to receiving stolen property, thus warranting the corrupt-source charge. In opposition, the Commonwealth relied on Commonwealth v. Richey, 249 Pa. Super. 365, 378 A.2d 338 (1977). In Richey, two women overheard their husbands discussing the planning of a robbery on two occasions, however, neither participated in the planning. The men committed the robbery and when they returned home, each woman was given $2,300, the sum representing each man’s share in the proceeds of the robbery. The next day, at their husbands’ direction, the two women attempted to dispose of the weapon used in the robbery. The trial judge concluded that the two women, who testified on behalf of the Commonwealth, did not have the requisite shared criminal intent to make them accomplices to the crime of
In the case sub judice, defendant was specifically charged with a count of receiving stolen property by intentionally receiving, retaining or disposing of the purse and contents of Joann Kohler knowing that it had been stolen or believing that it had probably been stolen.
Accordingly, for the foregoing reasons, the following order is entered.
ORDER OF COURT
And now March 21, 1991, the motion of defendant for post-trial relief, is granted. Defendant’s convictions on the counts of robbery, conspiracy to commit robbery and theft, are reversed, and defendant is granted a new trial.
. 18 Pa.C.S. §3701(aXl)(v).
. 18 Pa.C.S. §903.
. 18 Pa.C.S. §3921.
. 18 Pa.C.S. §3925. The charge was graded a misdemeanor in the second degree.
. Defendant rested immediately after the Commonwealth’s case was completed. Accordingly, the only evidence presented was that defendant actually participated with Eric McKenzie in robbing the victim.
. 18 Pa.C.S. §3925.
. She could still be charged, as the statute of limitations for a misdemeanor two, receiving stolen property, is two years from the date of the offense. 42 Pa.C.S. §5552; Commonwealth v. Kuhn, 200 Pa. Super. 649, 190 A.2d 337 (1963).
