Bethel v. Commonwealth
Court of Appeals of Kentucky
Case 98 — INDICTMENT APPEAL FROM BARREN CIRCUIT COURT. 1. In refusing the instruction asked for by the appellant, the court took from the jury the consideration of the evidence that appellant, if guilty of anything, was guilty of only an attempt to commit a rape. .‘2. He was entitled to have the jury instructed as to the degrees of the offense. (7 Bush, 93; 14 lb., 570.) No brief.
1Opinion of the CourtChief Justice Hargis
The appellant was indicted, tried, and convicted of the •offense of rape, and sentenced to the penitentiary for the period of twenty years.
The prosecutrix admitted on cross-examination that when she first complained of the alleged outrage by the defendant •upon her person, she said he attempted to rape her, but failed; that she told him two white men were coming, and he fled before his purpose was accomplished.
Her explanation of this statement,- which she was proven to have made'by several witnesses, was that she thought the men to whom she complained had no right to know whether the…
2Cited by11 opinions
- Meade v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Luttrell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
- Blankenship v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Moseley v. CommonwealthCourt of Appeals of Kentucky · 1924
- Caldwell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
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