Wingfield v. Commonwealth

Opinion op the Court by

Turner, Commissioner — •

Affirming.

At the January term, 1922, Whitley circuit court, two separate indictments were returned against appellant and one Clyde Earls, jointly, charging them with rape.

In one of them appellant was charged with the actual commission of the crime upon the person of Maude Richmond, and it was charged therein that Earls was then and there present unlawfully, willfully, feloniously and forcibly aiding, abetting and encouraging appellant in the commission of the crime.

In the other indictment it was charged that Earls actually committed the crime…