Carmicle v. Commonwealth

STEINFELD, Judge.

Appellant, Tony Carmicle, age 24, was adjudged guilty of the crime of detaining a female against her will with the intent to have carnal knowledge of her (KRS 435.-110) and was sentenced to serve two years in the penitentiary. He appeals. We reverse.

Patricia Aileen Sparks, age 17, accepted a telephone invitation to go automobile riding with Danny Cox, a 16-year-old close friend, and Carmicle. In Carmicle’s car they went to Patricia’s residence to get her. After they arrived she went into the house, obtained her pocketbook, came out and entered the car. They drove a short…