Commonwealth v. Shively

492 Pa. 411 (1981)

424 A.2d 1257

COMMONWEALTH of Pennsylvania, Appellant,

v.

Larry C. SHIVELY.

Supreme Court of Pennsylvania.

Submitted October 16, 1980.

Decided January 30, 1981.

Robert F. Banks, First Asst. Dist. Atty., Kenneth A. Osokow, Asst. Dist. Atty., for appellant.

Kevin H. Way, Asst. Public Defender, Lycoming, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

O'BRIEN, Chief Justice.

Larry C. Shively, appellee herein, was convicted by a jury of rape, involuntary deviate sexual intercourse, aggravated assault and felonious restraint.…