Commonwealth v. Kinner

Opinion by

Keller, P. J.,

The main contention of the appellant in this case is squarely ruled against him by our decision in Com. v. Orris, 136 Pa. Superior Ct. 137, 7 A. 2d 88, where we held, in an opinion by Judge Cunningham, in which he fully discussed the subject, that a defendant indicted in a single count drawn under section 91 of the Penal Code of 1860, P. L. 382, as amended by Act of May 19, 1887, P. L. 128, for “statutory rape”, may be convicted under section 50 of the Criminal Procedure Act of March 31, 1860, P. L. 427, of an attempt to commit that felony.

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