Higgins v. Commonwealth
Court of Appeals of Kentucky
Case 9 — INDIOTMEISIT— 1. The court erred in refusing a continuance, the testimony of the absent witnesses being material. 2. The petition for a change of venue, with the accompanying affidavits, made for the defendant a prima facie case, and the court, in the absence of proof, erred in refusing to grant the application. 3. To constitute the offense charged in this case, it must be alleged and proved that the taking or detention of the woman was against her will.
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Case 9 — INDIOTMEISIT— 1. The court erred in refusing a continuance, the testimony of the absent witnesses being material. 2. The petition for a change of venue, with the accompanying affidavits, made for the defendant a prima facie case, and the court, in the absence of proof, erred in refusing to grant the application. 3. To constitute the offense charged in this case, it must be alleged and proved that the taking or detention of the woman was against her will. It is not sufficient that the attempt to have carnal knowledge of her was against her will. (Wilder v. Commonwealth, 81 Ky., 591;…
1Opinion of the Court
.JUDGE HAZBLBIGG
delivered the opinion op the court.
The appellant was tried, convicted and sentenced to the penitentiary for the term of two years, upon an indictment under section 9, article 4, chapter 29, of the General Statutes, which provides that “whoever shall unlawfully take or detain any woman against her will, with intent * * * to have carnal knowledge with her, * * shall be confined in the penitentiary not less than two nor more than seven years.”
On this appeal he urges as ground for reversal, first, the omission of the word “feloniously” in the indictment.
To this it is sufficient to…
2Cases cited2 opinions
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
- Cundiff v. CommonwealthCourt of Appeals of Kentucky · 1887
3Cited by19 opinions
- Shipp v. CommonwealthCourt of Appeals of Kentucky · 1907
- Gravitt v. CommonwealthCourt of Appeals of Kentucky · 1919
- Bishop v. CommonwealthCourt of Appeals of Kentucky · 1901
- Greer v. CommonwealthCourt of Appeals of Kentucky · 1901
- Howerton v. CommonwealthCourt of Appeals of Kentucky · 1908
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