Oldham v. Commonwealth

Opinion of the Court by

Commissioner Hobson

Reversing.

Section 1154, Kentucky Statutes, is in these words:

“Whoever shall unlawfully carnally know a female, of and above twelve years of age, against her will or consent, or by force, or whilst she is insensible, shall be guilty of rape, and punished by confinement in the penitentiary not less than ten nor more than twenty years or by death, in the discretion of the jury.”

Appellants were indicted under this statute. It was charged in the indictment that Samuel Oldham feloniously and forcibly and against her consent did “carnally know Zella…