Commonwealth v. McIlvaine

ROWLEY, Judge:

Once again this Court is confronted with the question of whether an expert witness, called by the Commonwealth in a sexual assault case, improperly encroached upon the fact-finding role of the jury by commenting upon the veracity of the victim/witness. Defendant, a neighbor of the victim’s grandmother, was found guilty by a jury of Rape, Involuntary Deviate Sexual Intercourse (“IDSI”), Statutory Rape, Indecent Assault and Corrupting the Morals of a Minor. In cross-appeals now before this Court, the Commonwealth appeals the granting of a new trial, while defen*41dant appeals the…