Commonwealth v. Pacini

Opinion by

Spaulding, J.,

The sole issue in this appeal is whether a party to a criminal proceeding may have the jury polled after the verdict has been announced and affirmed in open court. Appellant John P. Pacini was convicted of rape by a Dauphin County jury. He seeks a new trial on the basis of the trial judge’s refusal to allow him a poll of the jury.

Appellant’s trial involved conflicting testimony as to whether the prosecutrix consented to intercourse with appellant. At the conclusion of testimony, the jurors retired for deliberation, charged with the definitions of rape, indecent assault…