Commonwealth v. Rue

CERCONE, Judge:

This is an appeal from a judgment of sentence imposed after a jury found appellant, William Rue, guilty of simple assault, rape and involuntary deviate sexual intercourse. Appellant was sentenced to three (3) to six (6) years imprisonment on the charges of rape and involuntary deviate sexual intercourse, to be served concurrently. Sentence was suspended for simple assault. This appeal followed.

In January, 1984, the victim, Lillian Bersin, went out to buy some milk for her children. After she bought the milk, Joseph Bozine, the appellant’s brother-in-law, a man whom the victim…