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Commonwealth v. Verticelli1/29/1998
pose of the corpus delicti rule is not violated. The purpose of the rule is to guard against a conviction based upon a hasty or unguarded confession before the Commonwealth establishes that a crime in fact has occurred. Commonwealth v. Turza, 340 Pa. 128, 134, 16 A.2d 401, 404 (1940). The fact that one of the crimes at issue is of a different grade in contrast to the other crime sought to be linked to the accused is of no moment when looking at the general purpose for which the corpus delicti rule was created. Thus, we see no logical reason why the closely related crime exception would not apply to offenses of different grades.
Next we turn to appellant's argument that the crimes are not sufficiently closely related. Appellant argues that the crimes are not closely related because the legislative purpose in enacting the summary offense was to protect the economic rights of property owners where the legislative purpose in enacting the DUI statute was to protect the public from the danger of intoxicated drivers. Even assuming appellant is correct in his statement as to the underlying policy reasons for the enactments at issue, the purpose for which the legislation was promulgated is not a relevant concern in deciding the admissibility of an inculpatory statement of the accused under the closely related crime exception.
As set forth in the above Discussion the closely related crime exception applies where the crimes at issue share a common element and are temporally related. Obviously in this instance we have a temporal relationship between the crimes charged as the DUI arose from the same incident as did the offense of leaving the scene of the accident. The elements necessary to establish the DUI charge at issue are 1) someone was operating, or in actual physical control of a motor vehicle, and 2) the operator of the motor vehicle was under the influence of alcohol at the time, rendering him incapable of safe driving. Commonwealth v. Wilson, 442 Pa. Super. 321, 660 A.2d 105 (1995). The DUI charge shares the common element of operation of a motor vehicle with the charge of leaving the scene of an accident. Given the commonality of elements between the two offenses and the fact that they arose from the same incident, we find that the trial Judge did not abuse his discretion in admitting appellant's statement under the closely related crime exception to the corpus delicti rule.
Accordingly, for the reasons set forth herein, the decision of the Superior Court is reversed as to the holding that all statements of an accused "material to the prosecution's case" are subject to the corpus delicti rule. We hold that only statements material to the prosecution's case which are inculpatory statements are subject to the corpus delicti rule. In all other respects, the decision of the Superior Court is affirmed.
Jurisdiction is relinquished.
Justice Castille concurs in the result.
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