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COM. v. IRVIN

260 Pa.Super. 122 (1978)

393 A.2d 1042

COMMONWEALTH of Pennsylvania v. Elroyal IRVIN, Appellant.

Superior Court of Pennsylvania.

Decided November 8, 1978.

Attorney(s) appearing for the Case

Lester G. Nauhaus and John H. Corbett, Jr., Assistant Public Defenders, Pittsburgh, for appellant.

Charles W. Johns and Robert L. Eberhardt, Assistant District Attorneys, Pittsburgh, for Commonwealth, appellee.

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

PRICE, Judge:

After a non-jury trial, appellant was convicted of rape1 and involuntary deviate sexual intercourse2 and sentenced to serve a term of imprisonment of one and one-half (1½) to five (5) years on the rape count, while sentence on the second count was suspended. Appellant was originally charged with a third count, aggravated assault,3 but was found not guilty of this...

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