Commonwealth v. Henderson

HOFFMAN, Judge:

Appellant contends that the evidence was insufficient to sustain guilty verdicts on indictments charging rape, 1 statutory rape, 2 and criminal conspiracy. 3 We find the evidence sufficient and, therefore, sustain the lower court’s refusal to arrest judgment. Appellant also contends that the lower court should have given a tendered instruction that mere presence at the scene of the crime and knowledge of its commission are insufficient standing alone to support a finding of appellant’s complicity. 4 We agree and, therefore, grant a new trial.

At trial on February 18-25, 1976,…