Schrum v. Commonwealth

Lewis Arthur Schrum was convicted by a jury of rape and his punishment was fixed at confinement in the state penitentiary for a period of five years. This appeal questions both the sufficiency of the evidence to convict and the action of the trial court in allowing the admission of testimony dealing with the defendant’s exercise of his Fifth Amendment right to remain silent at the time of his arrest.

Appellant’s wife engaged the prosecutrix, a 14-year-old girl, hereinafter referred to as the baby-sitter, the victim or the prosecutrix, to baby-sit for their four young children during the…