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COMMONWEALTH v. CATANZARITE (06/30/71)

decided: June 30, 1971.

COMMONWEALTH
v.
CATANZARITE, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Westmoreland County, Jan. T., 1970, No. 180, in case of Commonwealth of Pennsylvania v. Anthony T. Catanzarite.

COUNSEL

Dante G. Bertani, Public Defender, for appellant.

Gilfert M. Mihalich, Assistant District Attorney, with him John N. Scales, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Montgomery and Spaulding, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 219 Pa. Super. Page 118]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was charged with rape and went to trial before a judge and jury. During the course of the trial a police officer testified that he arrested appellant the day after the offense and confiscated his undershorts. Over continuing objections by defense counsel he indicated that the shorts appeared as if they had

[ 219 Pa. Super. Page 119]

    been worn a week and had spots on them which resembled blood, but could have been something else. Although the officer could not relate the shorts specifically to the crime, they were introduced into evidence, again over objection.

In regard to the undershorts the judge charged the jury only that "you will have it to take into the jury room to examine if you desire." The jury returned a verdict of guilty. Post-trial motions were ...


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