Pennsylvania Court of Common Pleas, Washington County June 21, 1971, no. 86 (Commonwealth v. Schaum)

DiSALLE, J.,

We have before us a motion to quash the indictment. Defendant is charged with rape and the indictment is in two counts. The first count charges that the act of intercourse took place “forcibly and against (the victim’s) will.” The second count alleges that the victim was under the age of 16 years at the time and the act occurred “with her consent.