Bailey v. Commonwealth

Judge Bees

Affirming.

Edward Bailey was indicted for carnally knowing with her consent a female child under sixteen years of age and over twelve years of age, a crime denounced by KBS 435.100. The jury found the defendant guilty, and fixed Ms punishment at confinement in the penitentiary for a term of fifteen years. On this appeal the appellant argues these grounds for reversal of the judgment: (1) An essential element of the crime was not proved; (2) the verdict is flagrantly against the evidence, and the trial court should have directed a verdict of acquittal; (3) recall of the accused for…