Evans v. Commonwealth
Court of Appeals of Kentucky
Case 85 — INDICTMENT APPEAL FROM LAUREL CIRCUIT COURT. 1. The taking and detaining-contemplated by the statute is the abduction or detaining where the wrong-doer actually takes or detains a woman against her will, having her completely under his control, with intent to have carnal knowledge of her. .2. The instructions given against the objections are not the law. (Crim.
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Case 85 — INDICTMENT APPEAL FROM LAUREL CIRCUIT COURT. 1. The taking and detaining-contemplated by the statute is the abduction or detaining where the wrong-doer actually takes or detains a woman against her will, having her completely under his control, with intent to have carnal knowledge of her. .2. The instructions given against the objections are not the law. (Crim. Code, secs. 225 and 340.) 1. The whole argument of appellant’s counsel is that the legislature did not mean what it plainly said. If the statute does not cover a case like this, it means nothing. '2. There is no error in the…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The accused was indicted and convicted under the following statute: “ Whoever shall unlawfully take or detain any woman against her will, with intent to marry such woman, or have her married to another, or with intent to have carnal knowledge with her himself, or that another shall have such knowledge, shall be confined in the penitentiary not less than two nor more than seven years.”
This statute was evidently enacted to punish those who detain females against their will and consent, for the purpose of having sexual intercourse with them, and to…
2Cited by2 opinions
- Madden v. CommonwealthCourt of Appeals of Kentucky · 1924
- Commonwealth v. LittrellCourt of Appeals of Kentucky · 1882