Commonwealth v. McNutt
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court, (Criminal Division). Joseph Pryor, Judge. From a judgment sustaining a demurrer to the indictment; the' Commonwealth appeals. We submit that the indictment under thg authorities cited conforms to Sec. 1214 Ky. Statutes to such a degree that the court ■below committed a reversible error in sustaining . a demurrer thereto. Ky. Statutes Sec. 1214; Davis v. Com., 98 Ky. 708; Cr. Code Sec. 122, 124; Roberson’s Cr.
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Appeal from Jefferson Circuit Court, (Criminal Division). Joseph Pryor, Judge. From a judgment sustaining a demurrer to the indictment; the' Commonwealth appeals. We submit that the indictment under thg authorities cited conforms to Sec. 1214 Ky. Statutes to such a degree that the court ■below committed a reversible error in sustaining . a demurrer thereto. Ky. Statutes Sec. 1214; Davis v. Com., 98 Ky. 708; Cr. Code Sec. 122, 124; Roberson’s Cr. Law Sec. 49,5; Commonwealth v. Wright, 16 Ky. Law Rep. 251; State v. Eclder, 106 Mo. 585; Norten v. State, 72 Miss. 128; Luckee v. State, 33 Texas…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Reversing.
Section 1214, Ky. St., is in these words: “Whoever, shall, under promise of mJarriage, seduce and have carnal knowledge of any female under twenty-one years of age, shall be guilty of a felony and, upon conviction thereof, shall be 'Confined in the penitentiary not less than one year nor more than five years. No prosecution shall be instituted where the pérson charged shall have married the girl seduced, or offer and be willing to marry her, unless he shall willfully and without such cause as eonstitues a statute ground of divorce to the husband,…
2Cases cited2 opinions
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1893
- Ex parte City of PaducahCourt of Appeals of Kentucky · 1907
3Cited by11 opinions
- Board of Penitentiary Commissioners v. SpencerCourt of Appeals of Kentucky · 1914
- Commonwealth v. TobinCourt of Appeals of Kentucky · 1910
- Edrington v. PayneCourt of Appeals of Kentucky (pre-1976) · 1928
- Caldwell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- Lowery v. StateCourt of Criminal Appeals of Texas · 1916
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