Commonwealth v. Tuck

Opinion by

Ross, J.,

The appellant, Moses Tuck, was tried in the Court of Quarter Sessions, Lehigh County, under an indictment charging him with assault with intent to ravish one Geraldine Weaver. The case was heard by a judge sitting without a jury. The judge, while concluding that the evidence would not support a conviction for assault with intent to ravish, found the appellant guilty of indecent assault. The appellant’s motion for new trial was refused, and this appeal followed.

There is little or no dispute as to the facts. On November 9, 1949, Geraldine Weaver, a female child twelve years…