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Unformatted text preview: Commonwealth v. Berkowitz 641 A.2d 1161 (Pa. 1994) Fact: Procedural Facts: Guilty at trial. Reversed at Appellate court. Superior court overturned half of it. Operative Facts: Robert A. Berkowitz was charged w/ one count of rape, and one count of indecent assault. Appeals reversed the rape charge. Indecent assault is remanded for new trial Female college student went to her friends dorm. She knocked, no one answered, but the door was unlocked. She went in, and found someone sleeping. She thought it was her friend, but it was her friends roommate, Mr. Berkowitz. He asked for the girl to stay a little bit, and she agreed. He then asked her to sit on the bed, she said no and sat on the floor. So he sat on the floor and lifted up her shirt and bra to massage her breast. Then unfastened his pants and unsuccessfully attempted to put his penis in her mouth. They stood up, he locked the door, and returned to push her onto the bed, removed her undergarments from one leg, then penetrated her vagina with his...
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.
- Spring '11