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COMMONWEALTH v. SCHAUM

No. 86.

55 Pa. D. & C. 2d 188 (1971)

Commonwealth v. Schaum

Common Pleas Court of Washington County, Pennsylvania.

June 21, 1971.

Attorney(s) appearing for the Case

John F. Bell, First Assistant District Attorney, for Commonwealth.

Sigmund L. Bloom, for defendant.

DiSALLE, J., June 21, 1971.

We have before us a motion to quash the indictment. Defendant is charged with rape and the indictment is in two counts. The first count charges that the act of intercourse took place "forcibly and against (the victim's) will." The second count alleges that the victim was under the age of 16 years at the time and the act occurred "with her consent."

Defendant argues that the two...

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