Nider v. Commonwealth

Opinion of the Court by

Judge Carroll-

-Reversing.

Appellant was convicted of the crime of carnally knowing Cecil Luzader, a female under the age of sixteen years, the indictment being found under section 1155 of the Kentucky Statutes, reading:

*686“Whoever shall unlawfully carnally know a female under the age of sixteen years, or an idiot, shall be confined in the penitentiary not less than ten nor more than twenty years.”

It is indispensible to sustain a conviction under this statute that there shottld be some evidence of penetration, however, slight. White v. Commonwealth, 96 Ky., 180; Brauer v.…