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COM v. FILER

249 Pa.Super. 349 (1977)

378 A.2d 330

COMMONWEALTH of Pennsylvania v. Frank FILER, Appellant.

Superior Court of Pennsylvania.

Decided October 6, 1977.

Attorney(s) appearing for the Case

Mitchell S. Lipschutz, Philadelphia, for appellant.

John M. DiDonato, Assistant District Attorney, Philadelphia, with him F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

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

WATKINS, President Judge:

This is an appeal from the judgment of sentence of the Court of Common Pleas, Trial Division, of Philadelphia County, after conviction of rape, simple assault and aggravated assault in a jury trial; and from the denial of post-trial motions. The appellant was sentenced to a term of ten to twenty (10-20) years in prison.

The facts as set forth in the lower court's opinion are as follows:

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