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COMMONWEALTH v. BURTON

452 Pa. 521 (1973)

Commonwealth v. Burton, Appellant.

Supreme Court of Pennsylvania.

July 2, 1973.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Milton M. Stein, Assistant District Attorney, with him James Shellenberger and James T. Ranney, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, July 2, 1973:

On August 30, 1970, at approximately 4:30 a.m., Stephanie Brown, age fourteen, awoke to find a man in her bedroom. The intruder attacked and raped her. After her assailant fled, Miss Brown called her grandfather and her aunt. A neighbor summoned the police. When the police arrived, Miss Brown gave them a description of her assailant. She stated he was a dark complexioned Negro, weighing approximately 180 pounds, about...

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