Commonwealth v. Fiebiger

Marcia Jones was killed by Anthony James Fiebiger and his friend.  Fiebiger and his friend decided that they wanted to go to Grandview Park to molest and rape somebody.  They encountered Marcia and asked her if she wanted to go with them to the park to smoke marijuana.  Once in the park, Fiebiger choked Marcia until she fell to the ground; the two men removed her clothing while punching and kicking her.  Fiebiger attempted to have intercourse with Marcia but was unable to maintain an erection, so he abused her with a tree branch.  The court held that Fiebiger’s statement that he attempted to have intercourse with Marcia but was unable to was sufficient evidence for a jury to infer that he achieved some degree of penetration, which, however slight, is sufficient to fulfill that element of rape.  Thus, the evidence supported the finding of the aggravating factor that the murder was committed in perpetration of a felony.