Commonwealth v. Cunningham

Braham, P. J.,

— Defendant was tried and convicted of rape. The indictment charged that Lewis Cunningham, in company with Loy Rickard, took a girl named Marie Moore in an automobile to a lonely spot in this county where each committed rape upon her. The two cases were, by agreement, tried together. A motion for a new trial has been made on behalf of Lewis Cunningham on a number of grounds.

The first and most important reason assigned in support of a new trial is the allegation that defendant, who was out on bail, was not present in court at the time the verdict was received. No attack is made…