Commonwealth v. Plank

OLSZEWSKI, Judge:

This appeal follows judgment of sentence for rape. 1 Appellant argues (1) the trial court erred when it refused to allow him to present an insanity defense; and (2) the prosecution failed to establish sufficient proof of forcible compulsion to sustain the jury’s verdict of guilty of rape as a felony of the first degree.

The facts of rape are undisputed. Appellant entered the victim’s home one Sunday morning. He threatened the woman, raped her and fled.

At trial, appellant attempted to «¡ítroduce an insanity defense. 2 The court refused to allow the testimony to go to the jury.

At…