COMMONWEALTH v. BOYD


244 Pa.Super. 98 (1976)

366 A.2d 934

COMMONWEALTH of Pennsylvania v. Albert Charles BOYD, Appellant.

Superior Court of Pennsylvania.

Decided December 15, 1976.


Attorney(s) appearing for the Case

Stephen Toole, Public Defender, Meadville, for appellant.

Paul D. Shafer, Jr., Dist. Atty., Ballard F. Smith, Jr., Asst. Dist. Atty., Meadville, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


VAN der VOORT, Judge:

Appellant was tried before a judge and jury on a charge of forcible rape. He was convicted. He became a fugitive and his post-trial motions were dismissed because the appellant had absconded. Approximately sixteen (16) months later he returned and petitioned the court to consider the post-trial motions nunc pro tunc. This petition was refused and a sentence of 4 to 8 years was imposed, from which appellant took this appeal. The sole question...

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