Mullins v. Commonwealth

James Mullins, twenty-two years of age, has been convicted of an attempted rape upon Margaret Stanley, a seven-year-old girl, and sentenced to three years in the penitentiary in accordance with the verdict of a jury.

The only assignment of error which we need consider is that the trial court erred in not setting aside the verdict on the alleged ground that the evidence on behalf of the Commonwealth was insufficient to prove that the accused was guilty of an attempted rape.'

The Commonwealth’s evidence shows that the accused met Margaret Stanley and her nine-year-old brother on a public road…