Gilbert v. Commonwealth

Opinion op the Court by

Stanley, Commissioner

Affirming.

The judgment is upon a conviction of attempted rape of a child under 12 years of age, with a penalty of five years imprisonment. KRS 435.080(2). A reversal is sought upon the ground that the court committed error in not instructing on the crime of detaining a woman against her will, with the intent to have carnal knowledge of her. KRS 435.110.

The child was 10 years old. She lived near the defendant and his family and was frequently in their home. She testified that on this afternoon she and her 7-year-old sister had gone there and found…