Hodge v. Commonwealth

Opinion op the Court by

Chiep Justice Dietzman

—Reversing.

Section 1152 of the 1930 Edition of the Statutes, being a part of chapter 182 of the Acts of 1893, provides :

“Whoever shall be guilty of the crime of rape upon the body of an infant under twelve years of age shall be punished with death, or with confinement in the penitentiary for life, in the discretion of the jury.”

Prior to 1922, section 1155 of the Statutes (see the 1922 Edition) provided:

“Whoever shall unlawfully carnally know a female under the age of sixteen years, or an idiot, shall be confined in the penitentiary not less than…