Commonwealth v. Strunk

HOGG, Judge.

Appellee, Bill Strunk, was indicted in the Campbell Circuit Court for raping a girl of twelve years of age against her will. From an order sustaining a motion by ap-pellee to set aside the swearing of the jury and continuing the case, the Commonwealth brings this appeal asking for a certification of the law as to the propriety of the ruling of the court.

*630The evidence introduced on behalf of the Commonwealth revealed that appellee, aged twenty-one, and his twelve-year-old date, Glenna Taffee, the prosecutrix, went for an automobile ride in a rural section of Campbell County. They…