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COMMONWEALTH PENNSYLVANIA v. WILLIS LIVEY MORRIS (04/28/83)

submitted: April 28, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIS LIVEY MORRIS, APPELLANT



No. 251 Pittsburgh 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division at No. 8003840-A.

COUNSEL

John H. Corbett, Jr., Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Rowley, Popovich and Hoffman, JJ.

Author: Popovich

[ 320 Pa. Super. Page 142]

On October 17, 1980, appellant, Willis Livey Morris, was found guilty of rape,*fn1 simple assault,*fn2 and terroristic

[ 320 Pa. Super. Page 143]

    threats.*fn3 Post-trial motions were filed and denied. Appellant was sentenced to a period of two to ten years imprisonment on the rape charge. Sentence was suspended on the remaining charges. This appeal followed. We affirm.

Appellant raises five contentions of error on this appeal. They include:

I. The trial court erred in denying appellant's motion to suppress the victim's identification testimony.

II. The trial court erred in denying appellant the opportunity to impeach two Commonwealth witnesses with prior inconsistent statements.

III. The trial court erred in refusing to give a Sexton charge to the jury.

IV. Trial counsel was ineffective for failing to request a ...


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