Gabbard v. Commonwealth

Opinion op the Court by

Yan Sant, Commissioner

Reversing.

Under an indictment charging him with the crime of rape, and carnally knowing a female above the age of twelve years, appellant was convicted and sentenced to-serve ten years in the state reformatory. Por grounds-for reversal he contends the Court failed to instruct the-jury on the whole law of the case, and that in the closing-argument counsel for the Commonwealth transcended, the rules of propriety in misquoting the evidence, and. indulged in abusive and inflammatory language to the-prejudice of appellant.

Although appellant concedes…