Commonwealth v. Harvey

ROWLEY, Judge:

This is an appeal from a judgment of sentence of four to ten years imprisonment imposed following appellant’s conviction by a jury of rape. The primary1 issue to be resolved is whether the five year statute of limitations for rape, 42 Pa.C.S. § 5552(b), should be applied where the statute of limitations in effect when the crime occurred was a two *292year period, but where a five year statute of limitations became effective before the two year period expired. We hold that it applies, and we affirm the judgment of sentence.

Between 1976 and July 1981, appellant lived with his…