Commonwealth v. Small

Opinion

Per Curiam,

The Court being equally divided, the judgment of sentence is affirmed.

Opinion by Mr. Chief Justice Bell in Support of Affirmance, May 9, 1969:

In support of the affirmance of the Judgment of Sentence, Mr. Chief Justice Bell files the following Opinion:

The prosecutrix in this case alleged that on two occasions the appellant and two codefendants forced her to accompany them to a secluded spot on the outskirts of Philadelphia and there, without her consent and against her will, forced her by threats and actual violence (1) to have intercourse with them, and (2) to commit sodomy.…