Bertram v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Reversing.

Phillip Bertram has appealed from a judgment imposing upon him five years ’ imprisonment in the peniten tiary. for having sexual intercourse with a female less than sixteen years of age, and not his wife. The proof showed this was 'committed in the fall of the year 1925. The young woman became fifteen on October 17,1925, and Phillip Bertram became eighteen on the 16th of July of that year. The court should have instructed the jury under subsection 5 of section 1155, and the instruction drawn under subsection 2 thereof was erroneous. The…