Commonwealth v. Davis

Bkoomall, J.,

— Defendant, a colored man, was tried on two separate indictments, with the usual three counts, for rape upon two white girls in Morton, this county, on two different occasions, about two weeks apart. He was very properly convicted by the jury, we think, on one indictment for assault with intent to rape, and on the other indictment for assault with intent to rape and statutory rape. It appears by an oversight the verdict of the jury was taken late in the evening in the absence of defendant and his counsel. Defendant at the time was confined in the county prison.

*489We now have before…