Commonwealth v. Levy

Opinion ?y

Cunningham, J.,

Appellant was convicted in the court below upon each of two indictments charging him with having committed sodomy with Joseph Quigley, eleven years of age. In the indictment at No. 71, December Sessions, 1939, the offense was charged as having been committed on September 3.0th of that year, and in the indictment at No. 72, December Sessions, 1939, the date laid was October 4, 1939. Both indictments were found December 11, 1939. If the testimony of Joseph Quigley is credible, there is evidence upon the record that the defendant on some unspecified date prior to the…