COM. v. McILVAINE


385 Pa.Super. 38 (1989)

560 A.2d 155

COMMONWEALTH of Pennsylvania, Appellant v. Carl Edwin McILVAINE. COMMONWEALTH of Pennsylvania v. Carl Edwin McILVAINE, Appellant.

Supreme Court of Pennsylvania.

Filed May 17, 1989.

Reargument Denied June 26, 1989.


Attorney(s) appearing for the Case

Bradley M. Bassi, Assistant District Attorney, for Com., appellant in No. 1035 and appellee in No. 1036.

Bruce A. Antkowiak, Greensburg, for appellee in No. 1035 and appellant in No. 1036.

Before ROWLEY, KELLY and HESTER, JJ.


ROWLEY, Judge:

Once again this Court is confronted with the question of whether an expert witness, called by the Commonwealth in a sexual assault case, improperly encroached upon the fact-finding role of the jury by commenting upon the veracity of the victim/witness. Defendant, a neighbor of the victim's grandmother, was found guilty by a jury of Rape, Involuntary Deviate Sexual Intercourse ("IDSI"), Statutory Rape, Indecent Assault and Corrupting the Morals of a...

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