COM. v. COLE


299 Pa.Super. 429 (1982)

445 A.2d 829

COMMONWEALTH of Pennsylvania v. Belton COLE, Appellant.

Superior Court of Pennsylvania.

Filed May 14, 1982.

Petition for Allowance of Appeal Denied September 17, 1982.


Attorney(s) appearing for the Case

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Gaele McLaughlin Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


VAN der VOORT, Judge:

This case was heard non-jury after which appellant was adjudged guilty of rape and other related offenses. Appellant does not argue that the evidence was insufficient to support a finding that he sexually assaulted the victim. Instead he claims that the prosecution failed to prove beyond a reasonable doubt that the victim was not his spouse.1

The victim did not testify. The principal prosecution witness was...

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