Mullins v. Commonwealth

Opinion of the Court by

Judge Tilford

Reversing.

The appellant was convicted of carnally knowing a female under sixteen years of age, and sentenced to five years imprisonment.

The prosecuting witness, according to the “narrative form” bill of exceptions, concluded her description of the only offense by appellant of which the details were given, with the statement: “That prior to this night, the defendant, Elmer Mullins, had had intercourse with heron two or three other occasions at his home.” The court overruled appellant’s objection to this statement, and neither required the 'Commonwealth to…