Supreme Court of Pennsylvania· 7/8/1983

Commonwealth v. Simpson

Citations

462 A.2d 821
316 Pa. Super. 115
1983 Pa. Super. LEXIS 3443

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the specific intent to commit a crime may be inferred from the defendant’s words or conduct or from the circumstances of the case together with all reasonable inferences therefrom
finding that defendant applying pressure to victim’s throat and starting to remove his pants constituted a substantial step toward commission of rape
stating that the test for determining whether an offense is a lesser included offense is whether or not all of the key elements of the lesser offense are contained in the greater offense
observing that “if a simple assault is used to overcome the volition of a rape victim and force her submission, the assault and the rape would be a single act.”
affirming attempted rape conviction where defendant went inside victim’s bedroom, put an object to her throat and began loosening his -7- J-A29032-22 jogging pants, but victim’s yells for help caused defendant to flee
Appellant could be sentenced for both burglary and attempted rape under 18 Pa.C.S.A. § 3502(d) because the latter offense is a felony of second degree.

Source: CourtListener parenthetical corpus (CC0).

Judges: Brosky, Rowley and Montgomery

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21 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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