Commonwealth v. Sutton

Opinion by

Ross, J.,

In this criminal case, the defendant, Ray Sutton, was tried and convicted under an indictment which charged that on June 24, 1951, he did “unlawfully carnally know and abuse [his step-daughter] one Carol Penniman, also known as Carol Sutton, she being under the age of sixteen years and she being the daughter of the wife of Ray Sutton”. After his motion for a new trial was refused and sentence imposed, the defendant took this appeal.

The Act of June 24, 1939, P. L. 872, sec. 721, 18 PS sec. 4721, provides as follows: “Upon the trial of any defendant charged with the unlawful…