Commonwealth v. Barnosky

HESTER, Judge:

Following a jury trial, appellant Edward Barnosky, on December 14, 1976, was found guilty of rape, felonious restraint, involuntary deviate sexual intercourse, and kidnapping. 1 Post-trial motions were argued and denied and an aggregate sentence of eleven to twenty-five years imprisonment was imposed. On this direct appeal, appellant advances three issues for our determination:

1) whether the lower court should have quashed the information as to involuntary deviate sexual intercourse (IDSI);

2) whether the lower court should have charged the jury to carefully scrutinize the…