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COMMONWEALTH v. BURGESS

446 Pa. 383 (1972)

Commonwealth v. Burgess, Appellant.

Supreme Court of Pennsylvania.

March 20, 1972.

Attorney(s) appearing for the Case

William Killeen, with him Kenneth S. Harris, for appellant.

Judith Dean, Assistant District Attorney, with her Milton M. Stein, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, March 20, 1972:

On April 3, 1966, in the early morning, three men crept into the home which a fourteen-year-old girl shared with her mother and her seventy-nine-year-old grandmother. The three men brutually attacked and raped the two younger women and viciously beat the older woman. They then took a few possessions, including a table radio and some jewelry, and fled.

The young girl managed to call from a window to a late-returning...

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