Elam v. Commonwealth

A jury convicted Frank Linwood Elam under separate indictments, tried jointly, charging rape and breaking and entering with intent to commit rape. Confirming the verdict, the trial court imposed penitentiary sentences of life and 20 years.

In his appeal of the rape conviction, Elam contends that “the prosecution failed to show penetration”. Otherwise, he does not challenge the sufficiency of the evidence as to either conviction. Elam broke and entered the prosecutrix’s mobile home, wakened her in her bed, “jerked the cover off’, told her that “he was mean as the devil and he’d do something to…