Opinion
Submitted September 13, 1976.
July 21, 1977.
Indictments charging defendant with rape, robbery, aggravated assault, felonious restraint and theft by unlawful taking. Before BUCHER, J., without a jury. Charges of felonious restraint and theft nolle prossed and defendant found guilty of remaining charges following a guilty plea and judgment of sentence entered. Defendant appealed. Appeal, No. 1038, Oct. T., 1976, from Court of Common Pleas of Lancaster County, Nos. 2982 to 2985, inclusive, of 1975. Submitted September 13, 1976.
Edward F. Browne, Jr., Assistant Public Defender, for appellant.
No appearance entered nor brief submitted for Commonwealth, appellee.
Judgment of sentence affirmed.
SPAETH, J., dissents for the reasons stated in Commonwealth v. McCusker, 245 Pa. Super. 402, 404-410, 369 A.2d 465, 466-469 (1976) (Dissenting Opinion by SPAETH, J.).