Harvey v. Commonwealth

In November, 1904, the plaintiff in error was indicted, tried, and convicted of the crime of rape, and now asks this court to *851review the judgment of the Circuit Court of Charlotte county, sentencing him, in accordance with the verdict of the jury, to penal servitude for five years.

In the view we take of the ease, it is only necessary to notice the fourth and last assignment of error, which is to the action of the court in refusing to set aside the verdict of the jury as contrary to the law and the evidence.

The record shows that the prisoner was a married man, about seventy years of age, and…