Day v. Commonwealth

This writ of error brings under review the proceedings of a trial which culminated in the conviction of the accused on the charge of attempted rape of Irene Sweet, a girl over fifteen but under sixteen years of age.

About 1:00 p. m. on Sunday,. April 13, 1947, the accused, Chester Mullins, Irene Sweet, and Ethel White accidentally met at Mullins’ garage in Whitewood, Buchanan county. Mullins, who was married although not living with his wife, had had several dates with Ethel, who was about eighteen years of age and a close friend of Irene Sweet. Neither of the girls knew the accused. However,…