Muncy v. Commonwealth

Opinion op the Court by

Stanley, Commissioner—

Reversing.

Tbe appeal is from a conviction of the crime of de taining a woman against her will with the intent to have carnal knowledge of her, with a sentence of two years in prison. Section 1158, Statutes.

The alleged victim, Katherine Frazier, was about 19 years old and we infer the accused was about the same age. Main Street of Irvine goes to the railroad which runs between the end of the street and the river. The railroad is some 20 feet lower. There is a path between the street and the railroad which is habitually used by pedestrians, it being…