Muncie v. Commonwealth

Opinion op the Court by

Chiep Justice Sims

Affirming.

Appellant, Gardner Muncie, a man 45 years of age, was convicted of attempting to rape a six year old girl and his punishment was fixed at confinement in the penitentiary for ten years. He asks a reversal of the judgment on three grounds: 1. The court erred in permitting the girl to testify without first having qualified her as a witness; 2. the verdict is flagrantly against the evidence; 3. that under the evidence the most he should have been convicted of was assault and battery.

The child was asked nineteen qualifying questions by the…