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COMMONWEALTH v. CATANZARITE

219 Pa.Super. 118 (1971)

Commonwealth v. Catanzarite, Appellant.

Superior Court of Pennsylvania.

June 30, 1971.

Attorney(s) appearing for the Case

Dante G. Bertani, Public Defender, for appellant.

Gilfert M. Mihalich, Assistant District Attorney, with him John N. Scales, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, June 30, 1971:

Judgment of sentence affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Appellant was charged with rape and went to trial before a judge and jury. During the course of the trial a police officer testified that he arrested appellant the day after the offense and confiscated his undershorts. Over continuing objections by defense counsel he indicated that the shorts appeared as if they had

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