White v. Commonwealth

Opinion of the Court by

Sims, Commissioner

Reversing.. The appellant, R. J. White, 21 years of age, was convicted of carnally knowing Dorothy Gullett, a girl fourteen and a half years of age, with her consent, and his punishment was fixed at confinement in the penitentiary for 7 years. To reverse the judgment he assigns four errors: 1. The instructions were erroneous; 2. incompetent evidence was introduced by the Commonwealth ; 3. the court should have granted him a new trial because of newly discovered evidence; 4. the verdict is flagrantly against the evidence.

Early in the evening of…