Paenitz v. Commonwealth

SPAIN, Justice.

Appellant was convicted of the first-degree rape of a three-and-one-half-month-old girl and sentenced to eighty years’ imprisonment. He appeals as a matter of right.

After being evicted from his apartment, appellant moved in with acquaintances William and Mary Bogumil. They had two children, a boy eighteen months old and a girl three and one-half months old. Two weeks later, on December 10, 1988, the Bogumils went to a nearby laundromat. Because the baby girl was asleep and because William planned to return in five minutes, the baby was left at home with the appellant.

William…