Commonwealth v. Gajewski

Schaeffer, P. J.,

The defendant was indicted and tried upon a bill charging statutory rape, taking a female child under the age of sixteen years, and fornication and bastardy. The jury returned a verdict of not guilty upon the first two counts and convicted upon the third.

The defendant has now moved for a new trial, and assigns as error the action of the court in permitting the prosecutrix to exhibit the child to the jury. At the time of trial the child was twenty-three days old. From the record it appears that private counsel for the Commonwealth said, when the mother of the child was upon…