Commonwealth v. Short

PRICE, Judge:

Pursuant to a jury trial commenced on February 14, 1978, appellant was convicted of possession of an instrument of crime generally,1 burglary,2 theft by unlawful taking or disposition,3 rape,4 involuntary deviate sexual intercourse,5 unlawful restraint,6 simple assault,7 and aggravated assault.8 Post-trial motions were denied and appellant was sentenced on May 24, 1978.9 He now alleges several instances of error in the trial court.

The pertinent testimony presented at trial is as follows. The nine year-old victim testified that during the late afternoon of September 6, 1977, she…