Noell v. Commonwealth

Kelly, P.,

delivered the opinion of the court.

The defendant, W. Y. Noell, was indicted for an attempt to commit rape upon one Lora Cee, a female twelve years of age. The jury found him not guilty of the attempt charged, but guilty of an assault, and fixed his punishment at a fine of five hundred dollars and imprisonment in jail for a term of twelve months. The court, having first overruled a motion for a new trial, pronounced sentence in accordance with the verdict, and thereupon the defendant obtained this writ of error.

The question which we shall consider first arises out of the denial by…