Commonwealth v. Statti

Opinion by

Hirt, J.,

This is an appeal from the judgment of sentence imposed upon the defendant, following his conviction of assault and battery with intent to commit rape. He seeks.a new trial notwithstanding, under the evidence, the jury well might have convicted him of common law rape charged in the first count of the indictment.

*579Hope Ann Savicky lived with her husband on Jami-son Avenue in the Borough of Ellport. On her way home alone in her automobile about four o’clock in the morning of April 30,1949, she noted that a man in an automobile was following her. There was but one headlight on…