Commonwealth v. Culbreath

By Judge Richard J. Jamborsky

This case came before the Court on Friday, March 31,1995, on defense counsel’s motion to dismiss the indictment. The defendant is allegedly a principal in the second degree to rape by fraud. The facts were not disputed. The Court withheld ruling on the motion and invited the Commonwealth and the Defense to submit any additional factual consideration or legal authority prior to the Court’s ruling on this date. The invitation was declined.

Although the Court deplores Defendant’s alleged actions and regrets die victim’s suffering, the Court has no choice but to grant…