Commonwealth v. Bey

Appellant, aged 17, was indicted on charges of rape,1 statutory rape2 and involuntary deviate sexual intercourse.3 The statutory rape charge was nol prossed; however, appellant was convicted by a jury of the remaining offenses. Appellant now raises several allegations of error. I agree that the lineup was not suggestive and that the lower court did not err in refusing two of appellant’s requested points for charge. I dissent from part I and concur in the result of part III of the majority’s opinion and would affirm the lower court’s judgment of sentence.

Appellant first contends that the lower…