Commonwealth v. Barbry

Dissenting Opinion by

Hoeeman, J.,

Defendant was tried on an indictment of rape. A mistrial was declared after the jury was unable to reach a verdict, and a new trial was ordered. At both trials, the prosecutrix testified that defendant forced her, at knifepoint, to accompany him to a vacant house, where he assaulted her twice. Defendant, testifying in his own defense, acknowledged that he had intercourse with the prosecutrix. He stated, however, that it resulted from her solicitation, and was consummated with her consent.

At the second trial after defendant had testified, the Commonwealth…