Johnson v. Commonwealth

Opinion ok the Court by

Judge Cammack

Reversing.

Under an indictment charging him with raping Edna Sizemore, age 18, in August, 1946, Melvin Johnson was found guilty of the crime of detaining her against her will and sentenced to seven years in prison. •

Counsel for Johnson vigorously contends the court erred in overruling a motion to vacate the bench and that the verdict is flagrantly against the evidence. Since we have reached the conclusion that the judgment must be reversed on the first ground, we shall confine our consideration of the case principally to that question. We may say at the…