Commonwealth v. Smith

Opinion by

Spaeth, J.,

Appellant was convicted by a jury of attempted statutory rape and indecent assault. * Instead of being sentenced he was committed under the Mental Health and Mental Retardation Act of 1966, Act of Special Sess. No. 3, Oct. 20, P. L. 96, art. IV, §410, 50 P.S. §4410, to Farview State Hospital for a period not to exceed three years.

The facts may be summarized as follows. On the evening of January 25, 1973, the prosecutrix, who was fourteen years old, was babysitting at a neighbor’s home in Duquesne, Pennsylvania. Also present were several other young people, including…