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COM. v. PLANK

329 Pa.Super. 446 (1984)

478 A.2d 872

COMMONWEALTH of Pennsylvania v. Robert Mark PLANK.

Supreme Court of Pennsylvania.

Filed July 13, 1984.

Attorney(s) appearing for the Case

Richard K. Renn, Assistant Public Defender, York, for appellant.

Floyd P. Jones, Assistant District Attorney, York, for Commonwealth, appellee.

Before WICKERSHAM, OLSZEWSKI and HOFFMAN, JJ.

OLSZEWSKI, Judge:

This appeal follows judgment of sentence for rape.1 Appellant argues (1) the trial court erred when it refused to allow him to present an insanity defense; and (2) the prosecution failed to establish sufficient proof of forcible compulsion to sustain the jury's verdict of guilty of rape as a felony of the first degree.

The facts of rape are undisputed. Appellant entered the victim's home one Sunday morning. He...

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