No. 309 Philadelphia, 1982, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division, Criminal Section, of Philadelphia County, November Session, 1980, at Nos. 1418-19.
Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.
Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Wickersham, Rowley and Watkins, JJ.
[ 315 Pa. Super. Page 351]
Appellant was convicted, after a jury trial, of rape and involuntary deviate sexual intercourse. Post-trial motions were filed and denied, and appellant was sentenced to a total term of four to ten years imprisonment. This appeal followed.
Appellant is black. The victim is white. The jury consisted of eleven white persons and one black man. The sole issue raised on appeal is whether the court erred in refusing to ask, during voir dire, several questions posed by appellant concerning racial prejudice.
Appellant posed the following five questions:
1. Are there any people on the jury who are prejudiced in any way against black people?
2. Mr. Richardson is a black man who is charged with raping a white woman. Because of the races of the two
[ 315 Pa. Super. Page 352]
parties involved in this case, do you think you would have any difficulty ...