Legal Opinion
Malone v. Commonwealth
Court of Appeals of Kentucky
Decided March 7, 1891PublishedCited by 5 opinions
Cask 58 —INDICTMENT— APPEAL FROM JEFFERSON CIRCUIT COURT. Appellant, if guilty at all, is guilty of only a misdemeanor. He is not guilty of the statutory offense of unlawfully detaining a woman against her will. Brief not in record.
1Opinion of the CourtChief Justice Holt
This is a conviction under section 9, article 4, chapter 29, of the General Statutes :
“Whoever shall unlawfully take or detain any woman against her will, with intent to marry such woman, or have her married to another, or with intent to have carnal knowledge with her himself, or that another shall have such knowledge, shall be confined in the penitentiary not less than two nor more than seven years.”
The evidence shows that the appellant, John Malone, between seven and eight o’clock at night, stealth*308ily went into the room where Annie Divine, a girl between thirteen and fourteen years of age,…
2Cited by5 opinions
- Brown v. StateSupreme Court of Georgia · 1912
- Stewart v. CommonwealthCourt of Appeals of Kentucky · 1911
- State v. HatcherCourt of Appeals of Texas · 1932
- Hatchett v. BlacketerCourt of Appeals of Kentucky · 1915
- Abbott v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930