Commonwealth v. Deren

Dissenting Opinion by

Spaeth, J.:

Although the propriety of taking this appeal was not briefed by either party, it was raised by this court at the oral argument.1 I believe the appeal should be quashed.

At approximately 11:00 p.m. on March 31, 1971, Mrs. Jean Dutton was assaulted and robbed by an intruder in her home. The intruder grabbed her from behind as she was putting out the trash and carried her into the bedroom. There he ripped off her clothes, warning that he *384would kill her if she screamed and roused her children. The man was masked with a simple Halloween mask that covered the region…