Commonwealth v. Austin

*298Dissenting Opinion by

Hoepman, J.:

Appellant was tried before the court below without a jury and found guilty of assault with intent to ravish. Oral motions for a new trial and in arrest of judgment were denied, and appellant was sentenced on November 20, 1967, to one to five years’ imprisonment.

To sustain a conviction in any case, the facts and circumstances must be of such a nature as to establish guilt beyond a reasonable doubt. E.g., Commonwealth v. Garrett, 423 Pa. 8, 222 A. 2d 902 (1966) ; Commonwealth v. Finnie, 415 Pa. 166, 202 A. 2d 85 (1964). It is my opinion that the proof in this…