Muncey v. Commonwealth

Opinion of the Court by

Chief Justice Dietzman

—Reversing.

Indicted for rape, the appellant, Clyde Muncey, was convicted of the offense of detaining a woman against her will with intent to have carnal knowledge of her, an offense included within the indictment, and sentenced to- serve three years and a day in the penitentiary. He appeals.

The main ground for reversal is that the verdict is flagrantly against the evidence, a contention which the facts in this case certainly justify.

The prosecuting witness, Dora Stidham, testified that she was 19 years old, a student in the high school at Hyden,…