Fletcher v. Commonwealth

Opinion of the Court by

Chief Justice Rees

Reversing.

The appellant, Joe Fletcher, was indicted for the crime of rape upon a female infant under twelve years •of age. The indictment was drawn under section 1152 of the .Kentucky Statutes, hut the court, under the evidence, properly instructed the jury under section 1155, which reads in part: . '

“Every male person who shall carnally know, with her consent, any female child, not his wife, undeX the age of eighteen years, * * * shall he punished as follows:

“(1) When such child is under the age of twelve years, by imprisonment in the state…