Opinion
Submitted November 11, 1971.
December 13, 1971.
Indictment charging defendant with sodomy and assault with intent to ravish. Before FIOK, J., without a jury. Appeal, No. 549, April T., 1971, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, March T., 1971, No. 2379. Submitted November 11, 1971.
Timothy J. Sullivan, Jr. and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant; Carol Mary Los and J. Kent Culley, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
The judgment of sentence of three to ten years imprisonment is modified to three to seven years. As so modified, the judgment of sentence is affirmed.
WRIGHT, P.J., would affirm the court below.