Commonwealth v. Erney

OPINION

CASTILLE, Justice.

The sole issue raised on appeal is whether the victim in this case was “unconscious” within the meaning of 18 Pa.C.S. § 3121(3) so as to render the evidence sufficient to support appellant’s conviction for rape of an unconscious victim. We conclude that there was sufficient evidence to find that the victim was unconscious and therefore affirm.

On March 9, 1993, following a jury trial in Bucks County, appellant was convicted of rape (unconscious victim),1 aggravated indecent assault,2 and corruption of minors,3 for the *470sexual assault of a teenaged girl who was so…