Commonwealth v. Pilosky

Opinion by

Price, J.,

Appellants, Frank Pilosky and Daniel Komada, were co-defendants below. Following a jury trial, which took place from February 6 to February 22, 1974, both *236appellants were found guilty of assault and battery,1 aggravated assault and battery,2 and forcible rape.3 A third co-defendant was found not guilty of all charges.

The record reveals the following facts: On September 25, 1972, the complainant, Kathleen Antipuna, and a friend, Arlene Bradley, entered a bar for the purpose of using the rest room. Kathleen testified that the facility was located at the rear of the bar. She…