Commonwealth v. Stewart

Opinion by

James, J.,

This is an appeal from a sentence of conviction of the appellant on an indictment containing two counts, charging statutory rape and fornication and bastardy.

At the time of the alleged occurrence, the appellant was a married man twenty-seven years of age, not living with his wife, and the girl was fifteen years of age. (She was sixteen years of age on February 20, 1932.) -

The testimony shows that appellant met the prosecuting witness, one Elizabeth Hughes, for the first time at a party near her home on the evening of October 21,1931. When she and Bertha Heckathorn were…