Everheart v. Commonwealth

Opinion by

Judge Pryor:

It is alleged in the indictment in this case that the accused “did unlawfully detain Idemia Jones, she being a woman, against her will, with the intent to have unlawful carnal knowledge and sexual intercourse with her.” We think the word “detain” is descriptive of the offense, and means that “he held or kept the woman in custody, and with the further allegation for the purpose of having carnal knowledge of her against her consent,” making the offense complete.

In Wilder v. Commonwealth, 81 Ky. 591, 5 Ky. L. 635, this court held that the failure to allege in the indictment…