Montgomery v. Commonwealth

MOREMEN, Justice.

The appellant, Homer Montgomery, by indictment, was charged with the offense of criminally knowing, with her consent, a female child, not his wife, who was under the age of 18 years and over the age of 12 years, an offense denounced by KRS 435.-100. He was found guilty and his punishment fixed at 5 years of penal servitude.

Appellant’s brief contains the following accurate resume of the evidence presented at the trial, which we adopt: The prosecu-trix was 15 years of age at the time of the alleged offense. The prosecutrix and the appellant became acquainted in the latter part…