O'BRIEN, Chief Justice.
Larry C. Shively, appellee herein, was convicted by a jury of rape, involuntary deviate sexual intercourse, aggravated assault and felonious restraint. Post-verdict motions were denied and appellee was sentenced to a prison term of three-to-ten years. An appeal was taken to the Superior Court, which granted appellee a new trial. Commonwealth v. Shively,
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