COM. v. BERKOWITZ


415 Pa.Super. 505 (1992)

609 A.2d 1338

COMMONWEALTH of Pennsylvania v. Robert A. BERKOWITZ, Appellant.

Superior Court of Pennsylvania.

Filed May 19, 1992.

Petition for Allowance of Appeal Granted September 22, 1992.


Attorney(s) appearing for the Case

Michael M. Mustokoff, Huntingdon, for appellant.

Jane Roach, Asst. Dist. Atty., Stroudsburg, for Com., appellee.

Before WIEAND, KELLY and CERCONE, JJ.


OPINION

PER CURIAM:

Appellant appeals from judgment of sentence imposed following convictions of rape and indecent assault. We are called upon to determine the degree of physical force necessary to complete the act of rape in Pennsylvania. We find that under the totality of the circumstances, evidence of sufficient force was not adduced herein. We are also asked to decide whether the trial court improperly excluded evidence of the victim's motive to fabricate...

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