Commonwealth v. Nowalk

Opinion by

Dithrich, J.,

On an indictment charging (1) statutory rape and (2) assault and battery with intent to ravish, appellant was convicted and sentenced on the second count.

He is a widower fifty-eight years of age at the time of the trial, and the victim of his alleged assault is Mary Elizabeth Chamberlain, then aged three. The Nowalks and the Chamberlains were next door neighbors in Nema colín, a coal mining village in Greene County, Pennsylvania. The child had been accustomed almost daily to running in and out of the Nowalk home where appellant resided with an adult son and a…