Blankenship v. Commonwealth

Judge Cammack

Reversing.

Leo Blankenship was convicted of having carnal knowledge of a female under the age of 15 years and sentenced to five years’ imprisonment. From that judgment this appeal is taken on the grounds that (1) neither the law nor the evidence sustains the conviction; and (2) the court erred in failing to instruct on the whole law of the case.

Little of the evidence needs to be detailed. The prosecuting witness and a girl companion testified that Blankenship compelled the prosecuting witness to leave her companions on the road and go to a bottom with him at the point of a gun.…