Commonwealth v. Jaynes

Opinion by

Keller, P. J.,

The appellant was indicted, tried and convicted of having committed an assault and battery upon a young woman, with intent, forcibly and against her will, to have unlawful carnal knowledge of her, in other words, assault and battery with intent to commit rape. The applicable statute is section 93 of the Penal Code of 1860 (Act of March 31,1860, P. L. 382,18 PS sec. 2263) which makes such offense a misdemeanor. He was sentenced to the extreme imprisonment permitted by the statute.

The trial judge in his charge to the jury said: “The indictment-charges a felony and you…