COMMONWEALTH v. MOSKORISON


170 Pa.Super. 332 (1952)

Commonwealth v. Moskorison, Appellant.

Superior Court of Pennsylvania.

January 17, 1952.


Attorney(s) appearing for the Case

Charles N. Caputo, with him James Ceris, for appellant.

Henry R. Smith, Jr., Assistant District Attorney, with him William S. Rahauser, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY HIRT, J., January 17, 1952:

Defendant was convicted of common law rape and was sentenced. In this appeal it is argued that under the evidence he may have been guilty of fornication only and accordingly there is reversible error in the failure of the trial judge in his charge to clearly differentiate fornication from rape and to instruct the jury that under the circumstances the defendant could be convicted of the misdemeanor alone. We find no merit in the...

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