Commonwealth v. Garner

CAVANAUGH, Judge:

This is an appeal from an order entered in the Court of Common Pleas of Monroe County on December 29, 1986, granting the appellee’s Motion to Quash count one of appellant/Commonwealth’s Criminal Information.

On August 14, 1986, the appellee was charged with one count of Involuntary Deviate Sexual Intercourse (IDSI), after allegedly having engaged in sexual intercourse per os with a 15 year old female.1 The statutory definition of IDSI *410can be found in 18 Pa.C.S.A. § 3123 and provides in pertinent part:

A person commits a felony of the first degree when he engages in deviate…