Commonwealth v. Shively

Appellant was convicted in a jury trial of charges of rape, involuntary deviate sexual intercourse, aggravated assault and felonious restraint. Appellant had been incarcerated for three years on a conviction of sodomy. Six days after his release, he allegedly forced a 24 year old girl at knife-point to accompany him to a deserted area where he allegedly accosted her and raped her. Appellant asserted an alibi defense at trial. The Commonwealth was allowed to introduce the record of appellant’s sodomy conviction and also a state trooper was permitted to testify to the underlying facts of that…