Calmes v. Commonwealth

Opinion of the Court by

Stanley, Commissioner—

Reversing.

The appeal is from a conviction of rape and ten years ’ imprisonment.

While the evidence of the prosecuting witness seems exaggerated and inconsistent in some particulars, it is positive on the main issue and has substantial corroboration. The defendant’s evidence is to the effect that she was perfectly willing- to be raped, but the act was not consummated. The issue of guilt was one for the jury..

By agreement, apparently to avoid a continuance,, an affidavit was read as the evidence of Lewellyn Size-more, an absent witness, that he had…