Commonwealth v. Shively

LARSEN, Justice,

dissenting.

I dissent. Six day after appellee’s release from prison where he was serving a three year term for forcible sodomy, he is again accused of forcibly raping and sodomizing another young girl. Both victims were approximately 20 years of age; both victims were in or entering their automobiles at the time they were approached by the perpetrator; both victims were forced with deadly weapons to accompany the assailant to a secluded country area; and both victims were ordered to assume crouching positions (one kneeling on all fours and one leaning over the front seat of an automobile) which exposed their genetalia from the rear for the assailant. In my opinion, the circumstances surrounding these crimes are sufficiently similar, and the time frame, considered in light of appellee’s incarceration, sufficiently small, that appellee’s conviction of the first offense was admissible at his trial for the second.

Consequently, I would reverse the order of the Superior Court and affirm the judgments of sentence.

KAUFFMAN, J., joins in this dissenting opinion.