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COMMONWEALTH v. GREEN

210 Pa.Super. 482 (1967)

Commonwealth, Appellant, v. Green.

Superior Court of Pennsylvania.

September 15, 1967.

Attorney(s) appearing for the Case

David L. Creskoff, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellant.

Curtis C. Carson, Jr., for appellee.

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

OPINION BY JACOBS, J., September 15, 1967:

The issue in this case is whether a demurrer was properly sustained on a bill of indictment charging the defendant, Joseph Green, with the crime of rape.

On December 30, 1966, the defendant pleaded not guilty and waived a jury trial on three bills of indictment charging rape, sodomy, and carrying a concealed deadly weapon. At the close of the Commonwealth's case...

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