Commonwealth v. Wilmer

Opinion by

Mr. Justice Roberts,

Appellant was tried before a judge and jury and was convicted of aggravated assault and battery, rape, and several lesser included charges. The Superior Court affirmed in an opinion by Judge Ervin, Judge Hoffman dissenting in an opinion in which Judge Spaulding joined. Commonwealth v. Wilmer, 208 Pa. Superior Ct. 102, 220 A. 2d 860 (1966). We granted allocatur.

Appellant maintains that the initial and supplemental charges of the court below were error. In the initial charge, the trial judge told the jury: “You are American citizens, and we all live under the same…