Johnson v. Commonwealth

Opinion by

Judge Lewis :

Appellant was indicted, convicted and sentenced to the penitentiary for life upon the charge of committing rape on an infant under twelve years of age.

The penalty for such an offense is death or confinement in the penitentiary for life, within the discretion of the jury. The statute provides that “Whosoever shall carnally know a female under the age of twelve, or an idiot, shall be confined in the penitentiary for not less than ten or more than twenty years.”

The record shows that appellant had carnal knowledge of a female under twelve years of age, of the age, in fact,…