COM. v. SHIVELY


254 Pa.Super. 173 (1978)

385 A.2d 581

COMMONWEALTH of Pennsylvania v. Larry C. SHIVELY, Appellant.

Superior Court of Pennsylvania.

Decided April 13, 1978.


Attorney(s) appearing for the Case

Charles J. Tague, Jr., Assistant Public Defender, Williamsport, for appellant.

Allen E. Ertel, District Attorney, Williamsport, for Commonwealth, appellee.

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


PER CURIAM:

Appellant was convicted in a jury trial of charges of rape, involuntary deviate sexual intercourse, aggravated assault and felonious restraint. Appellant had been incarcerated for three years on a conviction of sodomy. Six days after his release, he allegedly forced a 24 year old girl at knife-point to accompany him to a deserted area where he allegedly accosted her and raped her. Appellant asserted an alibi defense at trial. The Commonwealth was allowed...

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