Patterson v. Commonwealth

WHITE, Judge.

The appellants were convicted of first degree rape by forcible compulsion and were sentenced to serve ten years in the penitentiary. While both of the appellants are young men in their twenties, one of them, Danny Patterson, is white, and the other, Charles Gilmore, is black.

The prosecuting witness is an 18-year-old white woman. She testified that about 1:00 p. m. on February 1, 1976, while she was walking down Morris Hill Road, she was assaulted by the passenger of a black and white car. She positively identified appellant Patterson as her assailant. Her testimony was that she…