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COMMONWEALTH v. SHANTZ (09/22/75)

decided: September 22, 1975.

COMMONWEALTH
v.
SHANTZ, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Delaware County, Sept. T., 1973, Nos. 21 and 22, in case of Commonwealth of Pennsylvania v. Ira John Shantz, Jr.

COUNSEL

Bernard M. Berman, Assistant Public Defender, for appellant.

Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 236 Pa. Super. Page 47]

Appellant contends that testimonial references to "mug shots" and to "another charge" constitute reversible error under the authority of Commonwealth v. Allen, 448 Pa. 177, 292 A.2d 373 (1972).

Appellant was arrested on June 13, 1973, on a charge of forcible rape which occurred on October 24, 1972, and was brought to trial before a jury on December 5, 1973. The Commonwealth's evidence consisted in large part of the testimony of the complaining witness, Joy DePue. In addition to relating the details of the rape, the victim testified that she identified a picture of appellant as that of her assailant from a photographic array of eight snapshots. On redirect examination, the Assistant District Attorney questioned the victim as follows:

"Q. What did I tell you, when I talked to you?

[ 236 Pa. Super. Page 48]

"A. When?

"Q. Yesterday, or today.

"A. You just told me that: Not to use ...


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