Morris v. Commonwealth

Opinion of the Court by

Judge MoCandless

Affirming.

Elisha Morris was tried, convicted, and sentenced to a term of 15 years in the state penitentiary on a charge of rape. On this appeal the only grounds seriously urged for a reversal are: (1) That the court erred in failing to give a peremptory instruction to the jury to find the defendant not guilty; (2) that the verdict is not sustained by the evidence; and (3) that the punishment fixed by the verdict is excessive—all of which may be considered together.

The prosecuting witness, Dora Deaton, wife of Lane Deaton, and her six children, the eldest…