Commonwealth v. Kettering

Opinion by

Hirt, J.,

The defendant was convicted of indecent assault, a common law offense. Com. of Penna. v. DeGrange, 97 Pa. Superior Ct. 181, 185. The child involved was a six-year old girl. The defendant has appealed from the sentence imposed, contending that he is entitled to a new trial because of prejudicial error in the admission of evidence and inadequacy in the charge of the court on his defense of alibi.

There can be no doubt that the offense was committed by someone. Shortly after two in the afternoon of March 16, 1954, the child, whom we shall refer to as Marcia, on her return from…