McDaniel v. Commonwealth

Opinion of the Court by

Chief Justice Sims

Affirming.

Appellant, Hilliary McDaniel, was tried upon an indictment charging him with the attempt to rape a child under 12 years of age. The evidence for the Commonwealth was to the effect that the alleged crime was without the consent of the child. The trial resulted in a verdict finding appellant guilty of detaining the girl against her will with the intent to have carnal knowledge of her and his punishment was fixed at confinement in the penitentiary for two years.

It is argued hy appelant that the judgment entered on the verdict should he reversed…