Commonwealth v. Robinson

SPAETH, Judge:

This is an appeal from judgment of sentence for statutory rape. 1

The complainant testified that appellant had sexual intercourse with her on January 1, 1977, when she was 13 years old. N.T. 14. The Commonwealth called appellant’s sister, Yvonne Smith, for the purpose of proving appellant’s age. She testified that she had personal knowledge that appellant was over 18 on January 1, 1977. As a foundation for this testimony, she stated that she was 19 years older than appellant; that she was not present at his birth, but saw him three days later, on November 12 or 13, 1958, N.T. 10,…