Hensley v. Commonwealth

STEWART, Chief Justice.

Appellant, Willie Hensley, was indicted, tried, and convicted in Leslie Circuit Court for the crime of rape, or carnally knowing a female, 16 years of age, not his wife, against her will or consent, an offense denounced by KRS 435.090. The punishment inflicted by the jury was confinement in the penitentiary for a period of 10 years. From the judgment pronounced upon the verdict, he has appealed, and urges reversal for the following reasons:(1) “Instruction 1” given by the court was erroneous.(2) The court erred in failing to instruct on the whole law of the case.

The…