Kirby v. Commonwealth

Opinion of the Court by

Chief Justice Clarke

Affirming.

This appeal is from a judgment convicting the defendant of detaining a female against her will, as denounced by section 1158 of the statutes.

It is insisted that the court erred in not directing an acquittal because of the failure of the prosecuting witness to expressly state that the detention was against her will; but this was sufficiently proven by her recitation of the circumstances, and especially by her statement that she threatened to tell her father if defendant did not release her, and that he thereupon desisted.

It is true, as…