COMMONWEALTH v. HORNBERGER


199 Pa.Super. 174 (1962)

Commonwealth v. Hornberger, Appellant.

Superior Court of Pennsylvania.

September 13, 1962.


Attorney(s) appearing for the Case

David H. Kubert, for appellant.

Arlen Specter, Assistant District Attorney, with him Frank E. Gilbert, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., September 13, 1962:

The appellant, who was convicted of rape and sodomy, contends that he was improperly convicted of rape because there was no outcry, struggle, fresh complaint or prompt prosecution and because the evidence was insufficient to sustain the conviction and indicates consent. He also argues that the charge of the court below was fundamentally erroneous as to resistance and improperly stated the court's belief that an offence had...

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