Opinion
November 11, 1968.
December 6, 1968.
Criminal Law — Evidence — After-discovered evidence — Statutory rape — Reputation of minor.
MONTGOMERY, J., filed a dissenting opinion, in which WRIGHT, P.J. and WATKINS, J., joined.
Argued November 11, 1968.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.
Appeal, No. 19, March T., 1968, from order of Court of Oyer and Terminer of Mifflin County, May T., 1966, No. 2, in case of Commonwealth of Pennsylvania v. Robert Norwood Frankhouser. Order affirmed.
Petition for post-conviction relief. Before LEHMAN, P.J.
Order entered sustaining petition; motion for new trial nunc pro tunc granted. Commonwealth appealed.
R. Lee Ziegler, District Attorney, for Commonwealth, appellant.
Larry F. Knepp, for appellee.
Order affirmed.
I respectfully dissent from the action of the majority in affirming the grant of a new trial in this case as a result of a post-conviction petition.
Discovery of the reputation of the minor subsequent to petitioner's conviction on the charge of statutory rape does not meet the definition of after-discovered evidence as to justify a new trial. The other reasons stated in the petition are equally without merit.
WRIGHT, P.J., and WATKINS, J., join in this dissent.