Commonwealth v. Walker

Concurring and Dissenting Opinion by

Hoffman, J.:

I agree with the holdings of the Majority that the Commonwealth introduced sufficient evidence to prove that appellant was over 16 at the time of the offense charged, that there was no abuse of discretion by the trial court in limiting cross-examination of the Commonwealth’s witness, and that the chain of custody of the vaginal smears was established, and thus properly admitted into evidence. I believe, however, that the case should be remanded for resentencing.

Appellant was' indicted on September 19, 1973, and charged with rape, statutory rape,…