Blanks v. Commonwealth
Court of Appeals of Kentucky
Case 6 — INDICTMENT FOR RAPE 1. The court erred in refusing a change of venue. Ky. Stat., Sec. 1110; Constitution of U. S., Arts. V., VI., Amendments; Ky. Con. Bill of Rights, Secs. 1, 2. 2. A continuance should have been granted. 3. It was error to refuse an instruction that the Commonwealth must show to the exclusion of a reasonable doubt that the prosecutrix was under twelve years of age. The allegation of age being descriptive must be proved as laid.
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Case 6 — INDICTMENT FOR RAPE 1. The court erred in refusing a change of venue. Ky. Stat., Sec. 1110; Constitution of U. S., Arts. V., VI., Amendments; Ky. Con. Bill of Rights, Secs. 1, 2. 2. A continuance should have been granted. 3. It was error to refuse an instruction that the Commonwealth must show to the exclusion of a reasonable doubt that the prosecutrix was under twelve years of age. The allegation of age being descriptive must be proved as laid. The change of venue was properly denied. Even common law grounds were not made out. Rex v. Cowle, 2 Burrowes, 834; State v. Howard, 31 Vt.,…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
The appellant, Bob Blanks, was indicted by the grand jury of Graves county for the crime of rape committed upon the body of Tennie Bailey, a female under the age of twelve years. A trial resulted in a verdict and judgment sentencing the appellant to death. The appellant demurred to the indictment, and also entered a motion to require the Commonwealth to elect whether it would prosecute the defendant upon the charge of rápe, or offenses included thereunder, committed on the person under twelve years or more of age. The demurrer and motion to elect…
2Cited by1 opinion
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