Appeal from judgment of Court of Quarter Sessions of Philadelphia County, Sept. T., 1965, Nos. 592, 593, 594, and 596, in case of Commonwealth of Pennsylvania v. Robert Small.
Leonard Barkan, for appellant.
Roger F. Cox, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., and Wright, J., absent). Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissent.
[ 211 Pa. Super. Page 482]
Dissenting Opinion by Hoffman, J.:
Robert Small, the appellant, and two other defendants, were tried on March 24, 1966, on an indictment charging assault and battery, indecent assault, aggravated assault and battery, assault and battery with intent to ravish, and rape; two indictments charging sodomy; and one indictment charging corrupting the morals of a minor child.
Sentence was suspended on the indictment charging appellant with corrupting the morals of a minor child. He was convicted and sentenced to a concurrent term of two and one-half to five years for the indictments charging sodomy, and five to ten years imprisonment, commencing September 7, 1965, on the bill charging felonious rape.
On June 29, 1967, appellant's petition to appeal nunc pro tunc was granted. This appeal followed.
Appellant contends that the trial court committed a fundamental and reversible error in charging the jury as to the result of a verdict of ...