Wilder v. Commonwealth
Court of Appeals of Kentucky
Case 94 — INDICTMENT APPEAL FROM MADISON CIRCUIT COURT. ‘The statute requires that the detention must be unlawful and against the will of the female. (Gen. Stats., ch. 39, art. 4, sec. 9.) The detention of a female might he unlawful and at the same time not against her will. 'The intention to have carnal knowledge of the female, being against her will, the detention with that intent must have been against'her will. (Evans v. The Commonwealth, 79 Kjr., 415.)
1Opinion of the CourtChief Justice Hargis
The indictment fails to charge that the accused detained Mary McGriffin against her will for the purpose or with the intent of having carnal knowledge with her.
It is alleged that he unlawfully and forcibly detained her, but it is not averred anywhere that the detention was against her will.
Detention against her will is the main ingredient of the •offense denounced by the statute. It does not require that the carnal knowledge shall be against her will, or that the intent to have carnal knowledge with her shall be coupled with the purpose of doing so against her will. Before any person can be…
2Cited by6 opinions
- McKey v. CommonwealthCourt of Appeals of Kentucky · 1911
- Muncy v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Teater v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Hunter v. CommonwealthCourt of Appeals of Kentucky · 1953
- Everheart v. CommonwealthCourt of Appeals of Kentucky · 1885
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