Commonwealth v. Moll

Baldrige, J.,

Opinion by

John Moll and Walter Morack were jointly indicted, tried and convicted of assault and battery with intent to commit rape.

Moll, who alone appealed from the sentence imposed, does not seriously question the sufficiency of the evidence to support a conviction of the offense of assault and battery upon two girls. The main dispute before us is whether the evidence was sufficient to submit to the jury the question of the intent to ravish. It is earn estly contended that his conviction cannot stand as the Commonwealth did not establish an actual attempt by appellant;to…