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COMMONWEALTH v. WILMER

208 Pa.Super. 102 (1966)

Commonwealth v. Wilmer, Appellant.

Superior Court of Pennsylvania.

June 17, 1966.

Attorney(s) appearing for the Case

A. Benjamin Johnson, Jr., for appellant.

Joseph M. Smith, Assistant District Attorney, with him Arlen Specter, District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY ERVIN, P.J., June 17, 1966:

The appellant, Finley Wilmer, was found guilty and sentenced by the court below on charges of aggravated assault and battery and rape.

The facts, viewed in the light most favorable to the Commonwealth, were as follows: At approximately 10:45 p.m. on May 7, 1965 two Philadelphia police officers, while on routine patrol, heard a woman screaming in the vicinity of 4th...

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