COM. v. SHOEMAKER


359 Pa.Super. 111 (1986)

518 A.2d 591

COMMONWEALTH of Pennsylvania v. Randy SHOEMAKER, Appellant.

Supreme Court of Pennsylvania.

Filed December 3, 1986.


Attorney(s) appearing for the Case

Albert J. Flora, Jr., Assistant Public Defender, WilkesBarre, for appellant.

Joseph Giebus, Assistant District Attorney, Wilkes-Barre, for Com., appellee.

Before OLSZEWSKI, CERCONE and HESTER, JJ.


CERCONE, Judge:

This appeal raises an issue of first impression in our Commonwealth: whether the the Spousal Sexual Assault Statute, of December 21, 1984, P.L. 1210, No. 230, 18 Pa.C.S.A. § 3128 (hereinafter referred to as the "statute"), is unconstitutional as violative of an accused's right to privacy and equal protection under the laws.

Appellant Randy Shoemaker was convicted by a jury on December 12, 1985 of one count of spousal sexual assault, 18...

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