Commonwealth v. Biggs

LIPEZ, Judge:

In a jury trial, defendant Theodore Biggs was convicted of rape, 18 Pa.C.S. § 3121, and incest, 18 Pa.C.S. § 4302. In this appeal, he contends that the evidence is insufficient to support the jury’s verdict on the rape charge. We agree and reverse the judgment of sentence on that charge.

In considering challenges to the sufficiency of the evidence, we must view the evidence in the light most favorable to the Commonwealth as verdict winner. Commonwealth v. Cropper, 463 Pa. 529, 345 A.2d 645 (1975). The test to be applied in this review of the evidence is whether, accepting as true…