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COM. v. MLINARICH

345 Pa.Super. 269 (1985)

498 A.2d 395

COMMONWEALTH of Pennsylvania, Appellee, v. Joseph MLINARICH, Appellant.

Supreme Court of Pennsylvania.

Filed August 30, 1985.

Attorney(s) appearing for the Case

Robert D. Gleason, Johnstown, for appellant.

Dennis M. McGlynn, Johnstown, for Commonwealth, appellee.

Before SPAETH, President Judge, and WICKERSHAM, BROSKY, WIEAND, CIRILLO, DEL SOLE, MONTEMURO, JOHNSON and POPOVICH, JJ.

WIEAND, Judge:

The issue in this appeal is the interpretation to be placed upon the phrase "forcible compulsion" as it was used to define the crime of rape. What did the legislature intend when it defined rape as sexual intercourse with another person "by forcible compulsion" or "by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution"? Did the legislature intend to include within the crime of rape acts of...

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