COMMONWEALTH v. McHENRY, 441 Pa. 604 (1971)

271 A.2d 866

Commonwealth v. McHenry, Appellant.

Supreme Court of Pennsylvania.October 5, 1970.
January 7, 1971.

Argued October 5, 1970. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ.

Appeal, No. 246, March T., 1970, from order of Superior Court, April T., 1970, No. 9, affirming judgment of sentence of Court of Common Pleas of Washington County, Nov. T., 1968, No. 478, in case of Commonwealth

Page 605

of Pennsylvania v. Robert W. McHenry. Order affirmed.

Same case in Superior Court: 217 Pa. Super. 712.

Indictment charging defendant with assault and battery and sodomy. Before SWEET, P. J.

Verdict of guilty of sodomy and not guilty of assault and battery, and judgment of sentence. Defendant appealed to the Superior Court, which affirmed the judgment of sentence of the court below, opinion per curiam. Appeal by defendant to Supreme Court allowed.

Paul P. Posa, for appellant.

John F. Bell, First Assistant District Attorney, with hi Jess D. Costa, District Attorney, for Commonwealth, appellee.

OPINION PER CURIAM, January 7, 1971:

The order of the Superior Court is affirmed.

Mr. Justice ROBERTS dissents for the reasons expressed in his dissenting opinion in Commonwealth v. James, 440 Pa. 205, 210, 269 A.2d 898 (1970).

Mr. Justice COHEN took no part in the decision of this case.