Koester v. Commonwealth

CLAY, Commissioner.

Appellant was convicted under KRS 435.-110 of detaining two young girls against their wills with intent to have carnal knowledge, and was sentenced to three years and two months in the penitentiary for each offense. The questions raised on appeal will be considered after a statement of the pertinent facts, which are not substantially in dispute.

Appellant was 25 years of age and taught school. In an isolated area he came upon the two girls, aged 11 and 12, playing in a field. He made friendly advances and sat down with them. He took one on his lap, and fondled each girl in…