Wynne v. Commonwealth

Herbert J. Wynne (Wynne or defendant) was convicted by a jury of the forcible rape of the 18 year-old prosecutrix and his punishment was fixed at five years imprisonment. We awarded a writ of error to the trial court’s order sentencing Wynne in accordance with the jury’s verdict.

The sufficiency of the evidence to convict the defendant is not in question. The defendant testified that he engaged in consensual sexual intercourse with the prosecutrix on the date charged and on four previous occasions. Upon cross-examination, the prosecutrix admitted that she and Wynne had engaged in a single act…