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COMMONWEALTH v. BARBRY

213 Pa.Super. 252 (1968)

Commonwealth v. Barbry, Appellant.

Superior Court of Pennsylvania.

November 1, 1968.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Louis M. Natali and Melvin Dildine, Assistant Defenders, and Herman I. Pollock, Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Michael Baylson, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, November 1, 1968:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J., November 14, 1968:

Defendant was tried on an indictment of rape. A mistrial was declared after the jury was unable to reach a verdict, and a new trial was ordered. At both trials, the prosecutrix testified that defendant forced her, at knifepoint, to accompany him to a vacant house, where he assaulted her twice. Defendant, testifying in his own defense...

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