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COMMONWEALTH v. McCLAIN et al.

165 Pa.Super. 331 (1949)

Commonwealth v. McClain et al., Appellants.

Superior Court of Pennsylvania.

July 15, 1949.

Attorney(s) appearing for the Case

John Patrick Walsh, for Joseph McClain, appellant.

Michael von Moschzisker, with him Thomas D. McBride and McBride, Lipschitz, Woolston, Berger & Bohlen, for Joseph McCusker, appellant.

Colbert C. McClain, Assistant District Attorney, with him John H. Maurer, District Attorney, for Commonwealth, appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent.)

OPINION BY ARNOLD, J., July 15, 1949:

The defendants, McClain and McCusker, were jointly indicted and tried before the court without a jury, which found McCusker guilty of attempted rape1 upon Patricia Bonner, thirteen years of age; and found both McCusker and McClain guilty under an indictment for taking, inveigling and enticing this girl for the purpose of sexual intercourse.2 The appeals of both defendants...

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