Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Sept. T., 1957, No. 39, in case of Commonwealth of Pennsylvania v. Hayford Christian.
John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.
Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman, J., joins in this dissenting opinion.
[ 219 Pa. Super. Page 327]
Dissenting Opinion by Spaulding, J.:
Appellant Hayford Christian was found guilty by a jury in February 1958 of burglary, rape and sodomy. In May 1969, the lower court heard and dismissed appellant's Post Conviction Hearing Act petition in which he alleged that his appeal rights had been denied. The court allowed appellant to file an appeal nunc pro tunc to this Court.
The record indicates that in the early morning hours of August 8, 1957, a man entered the home of a Mrs. Matilda Martin of Pittsburgh and forced her to have sexual relations with him. Upon notification of the assault, Officer Flora of the Pittsburgh Police Department went to Mrs. Martin's home and received the following description from her. "Q. And what description did she give you, Officer? A. She says he was a ...