Commonwealth v. Moskorison

Opinion by

Hirt, J.,

Defendant was convicted of common law rape and was sentenced. In this appeal it is argued that under the evidence he may have been guilty of fornication only and accordingly there is reversible error in the failure of the trial judge in his charge to clearly differentiate fornication from rape and to instruct the jury that under the circumstances the defendant could be convicted of the misdemeanor alone. We find no merit in the contention.

Following a casual acquaintance of but a few days Katherine Neely, then 19, made a tentative date with the defendant for Thursday,…