Commonwealth v. Pierce

Opinion by

Mr. Chibe Justice Jones,

On May 22, 1970, the appellant was tried before a jury and convicted of rape. Following disposition of post-trial motions, he was sentenced to one to four years’ imprisonment. On appeal to the Superior Court, the judgment of sentence was affirmed per curiam over the dissenting opinion of two judges. Commonwealth v. Pierce, 217 Pa. Superior Ct. 414, 271 A. 2d 877 (1970). We granted allocatur.

The appellant was accused of raping an eighteen-year old girl in the rear room of a record shop where she had gone after hours to pick up some previously-ordered records.…