Commonwealth v. Andrewlevage

*461Dissenting Opinion

Schiffman, J.,

March 23, 1966.

This matter is before the court upon defendant’s motion in arrest of judgment. Defendant maintains that the evidence adduced at trial did not make out the crime of assignation against her.

The terms appointment or engagement, as contained in section 103 of The Penal Code of June 24,1939, P. L. 872,18 PS §4103, in the definition of assignation, each require mutuality. Assignation involves an offer and acceptance for prostitution.

The present circumstances indicate the rejection of such offer, and do not contain the mutuality required in the making…