Hudson v. Commonwealth

Prentis, P.,

delivered the opinion of the court.

The accused has been convicted, under Code section 4551, of a felony, and sentenced to two years imprisonment under an indictment charging him with having carnal copulation with a man. The case was twice tried, the jury having failed to agree upon the first trial.

The only question which it is necessary to consider arises under this instruction, given for the prosecution at the second trial:

“The court instructs the jury that if they believe from the evidence in this case beyond a reasonable doubt that the accused and Shaffer indulged in carnal…