Young v. Commonwealth
Court of Appeals of Kentucky
Case 95 —INDICTMENT— APPEAL PROM JEPPERSON CIRCUIT COURT, CRIMINAL DIVISION. Defendant should have had the benefit of an instruction on the law of carnal knowledge of a female under twelve years of age. (Kentucky Statutes, see. 1155; Penston v. Commonwealth, 82 Ky., 549; Bethel v. Commonwealth, 80 Ky., 526.) The opinion of Hon. ~W. L. Jackson on motion for a new trial is referred to as a full and clear vindication of the verdict and judgment in this case.
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The appellant was convicted of the crime of rape, committed on the body of an infant under twelve years of age, and his punishment fixed at death. He was living in the family of his victim’s parents on Green street, in Louisville, and in their absence from home committed the crime; which, however, was kept a secret by the little girl until her mother discovered her injured parts several days thereafter.
She then told who injured her, only after being threatened with punishment, and we may' infer she had made no disclosure before that, because…
2Cases cited2 opinions
- Fenston v. CommonwealthCourt of Appeals of Kentucky · 1885
- Bethel v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by7 opinions
- Caddy Oil Co. v. SommerCourt of Appeals of Kentucky · 1920
- State v. WingerSupreme Court of Minnesota · 1938
- Blankenship v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Gilley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
- Henson v. StateSupreme Court of Arkansas · 1905
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