Hamilton v. Commonwealth

Opinion op the Court by

Judge Thomas

Affirming.

Tlie indictment in this case charges defendant and appellant, Carl Hamilton, with the offense denounced in subsection (2) of section 1155 of the 1930 Edition of Carroll’s Kentucky Statutes, i. e., rape, committed by defendant upon the person of Anna May Begley, a female between the age of 12 and 18 years. While the offense is complete without the exercise of force by the perpetrator, yet the indictment charged that he employed force to accomplish his purpose, but which was unnecessary to render him guilty. At his trial in the Knott circuit court,…