Hogue v. Commonwealth

Jtjdge Knight

Affirming.

This is- the second appeal of this case. 'The first appeal is reported in 305 Ky. 298, 203 S. W. 2d 42. Since the facts in the case are fully set out in the former opinion, it will not he necessary to repeat them here. On the former appeal the case was reversed because the lower court failed to give an instruction on a lesser degree of the offense of rape with which the defendant was charged in the indictment and we held that an instruction should have been given on detaining a woman against her will. On the second trial of the case that instruction was given along with…