White v. Commonwealth
Court of Appeals of Kentucky
Case 30 —INDICTMENT— APPEAL PROM HENDERSON CIRCUIT COURT. 1. There can be no carnal knowledge of an infant without penetration, and the courtshould have instructed the jury that, if they believed the defendant only rubbed or pressed his parts against the parts of the infant without penetration, they should find him guilty of assault and battery only. 2. Appellant should have been allowed to prove that the place where the infant lived was a bawdy-house. 3. The testimony of…
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Case 30 —INDICTMENT— APPEAL PROM HENDERSON CIRCUIT COURT. 1. There can be no carnal knowledge of an infant without penetration, and the courtshould have instructed the jury that, if they believed the defendant only rubbed or pressed his parts against the parts of the infant without penetration, they should find him guilty of assault and battery only. 2. Appellant should have been allowed to prove that the place where the infant lived was a bawdy-house. 3. The testimony of the prosecuting witness should not have been admitted, as she had never heard of God or of the evil of lying. 4. The court…
1Opinion of the CourtChief Justice Quigley
At the September term, 1894, of the Henderson Circuit Court, the grand jury of Henderson county found an indictment against appellant for rape, committed in manner and form as follows: “The said Samuel White, on the-29th day of July, 1894, and before the finding of this indictment, in the said county of Henderson, did unlawfully, violently and feloniously make an assault upon the body of one Lilly Ann Lewis, a female infant under twelve years of age, and her, the said Lilly Ann Lewis, then and there, forcibly and against her will, feloniously did ravish and car*182Hally know, against the peace…
2Cases cited2 opinions
- Fenston v. CommonwealthCourt of Appeals of Kentucky · 1885
- Bush v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by27 opinions
- State v. . BealSupreme Court of North Carolina · 1930
- State v. BealSupreme Court of North Carolina · 1930
- State v. KingSupreme Court of Iowa · 1902
- Nider v. CommonwealthCourt of Appeals of Kentucky · 1910
- Meade v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
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