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COM. v. LEE

262 Pa.Super. 280 (1978)

396 A.2d 755

COMMONWEALTH of Pennsylvania v. Omar H. LEE, Appellant.

Superior Court of Pennsylvania.

Decided December 29, 1978.

Petition for Allowance of Appeal Denied May 16, 1979.

Attorney(s) appearing for the Case

Benjamin Lerner, Defender, Philadelphia, for appellant.

F. Emmett Fitzpatrick, District Attorney, Philadelphia, for Commonwealth, appellee.

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

SPAETH, Judge:

Appellant was tried by a judge sitting with a jury and was convicted of robbery, rape, and involuntary deviate sexual intercourse.1 Post-verdict motions were denied and appellant was sentenced to three concurrent prison terms of eight to twenty years. This appeal followed.

On the night of January 14, 1976, the complainant was walking to her home at 1208 Spruce...

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