Commonwealth v. Hornberger

Opinion by

Flood, J.,

The appellant, who was convicted of rape and sodomy, contends that he was improperly convicted of rape because there was no outcry, struggle, fresh complaint or prompt prosecution and because the evidence was insufficient to sustain the conviction and indicates consent. He also argues that the charge of the court below was fundamentally erroneous as to resistance and improperly stated the court’s belief that an offence had taken place. He contends that his sodomy conviction was improper because there was no evidence of penetration independent of his confession, that the…