Hopper v. Commonwealth

Judge Helm

Reversing,

Appellant, James Hopper, 18 years of age, was charged with the crime of rape upon his cousin, Edith Evans, seven years of age. He was found guilty and his punishment fixed at five years in prison. He appeals.

On May 14, 1949, appellant was visiting his aunt, Lucille Bumgardner, at her home on Unity Hill in Somerset. That afternoon Mrs. Bumgardner, age 24, Edith’s mother, went to work, returning to her home about midnight. She left Edith and two of her smaller children in appellant’s care.

According to the testimony of Edith, she is in the third grade; her mother and father,…