No. 863 April Term, 1978, Appeal from the Judgment of Sentence imposed by the Court of Common Pleas of Lawrence County at No. 56 of 1977.
John R. Seltzer, New Castle, for appellant.
Howard C. Klebe, Assistant District Attorney, New Castle, submitted a brief for Commonwealth, appellee.
Price, Hester and Lipez, JJ.
[ 260 Pa. Super. Page 506]
Appellant was convicted in a jury trial of rape.*fn1 After review of the record and consideration of the questions raised on this appeal, we find the conviction proper, and thus affirm that conviction. Specifically, appellant raises the following three (3) questions pertaining to the trial and conviction itself:
"(1) Was the evidence sufficient to sustain the con viction of the Appellant?
(2) Should the Court have granted the Appellant's Motion for a mistrial because of the delay between the time the jury was sworn and the time the trial commenced?
(3) Should the Court have granted Appellant's Points for Charge?"
We find no merit to these challenges.
However, appellant also contests his present sentence as a fourth and final issue in this appeal. That question as posed, is:
"(4) Was the re-sentence of the Court excessive as to the minimum term of sentence imposed on Appellant?"
After denial of all post-trial motions, appellant was sentenced to imprisonment for an indeterminate sentence to a maximum of five (5) years, to commence upon the expiration of his sentence then being served, and to stand committed to the Bureau of Corrections at Camp Hill for ...