Commonwealth Ex Rel. Leeper v. Russell

Opinion by

Weight, J.,

Alfred James Leeper has appealed from an order of the Court of Common Pleas of Indiana County dismissing Ms petition for a writ of habeas corpus. It will be necessary to briefly set forth the factual and procedural background.

On December 6, 1960, Leeper was indicted at No. 1 March Term 1961, in the Court of Oyer and Terminer of Indiana County on charges of statutory rape and adultery. The case was called for trial on December 12, 1960, before President Judge Edwin M. Clark and a jury. We have carefully examined the original trial record. Hylinda Eleanor Bush, a fourteen…