Commonwealth v. Friday

Opinion by

Reno, J.,

Appellant was indicted for rape. On the second trial 1 the court charged: “You might find one of three verdicts, guilty of rape, guilty of attempt to commit rape, or not guilty.” He was found guilty of attempted rape. His motion for a new trial was allowed, but, upon the Commonwealth’s petition for reargument, which was allowed, the new trial was refused. Appellant was sentenced to pay a fine of fl.00 and undergo imprisonment in the county jail for 4 months. On this appeal he did not question the sufficiency of the evidence to sustain the conviction and limited his argument…