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COM. v. FORTENBAUGH

No. 13 MAP 2012.

69 A.3d 191 (2013)

COMMONWEALTH of Pennsylvania, Appellant v. Jack W. FORTENBAUGH, II, Appellee.

Supreme Court of Pennsylvania.

Decided June 17, 2013.

Attorney(s) appearing for the Case

Elmer D. Christine Jr., Esq. , East Stroudsburg, Michael T. Rakaczewski, Esq. , Kingston, Monroe County District Attorney's Office, for Commonwealth of Pennsylvania.

Frederick Mark Cutaio, Esq. , Monroe County Public Defender's Office, Wieslaw T. Niemoczynski, Esq. , Stroudsburg, for Jack W. Fortenbaugh, II.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Justice EAKIN.

The Superior Court erred in this case when it overturned the jury verdict and vacated the judgment of sentence based on two references at trial to requests that the defendant take a polygraph test. Because we find the references were not prejudicial, we reverse the Superior Court's order and remand for reinstatement of the trial court's judgment of sentence.

Jack W. Fortenbaugh, II was charged with rape and other related...

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