Moore v. Commonwealth

Opinion op the Court by

Judge Perry

Affirming.

The appellant, Elza Van Moore, was by the grand jury of Whitley county, at its January Term, 1941, indicted, charging him with the offense of detaining a woman against her will, with intent to have carnal knowledge of her himself, a crime denounced by Section 1158, Kentucky Statutes.

Upon trial on that charge he was found guilty and his punishment fixed at two years in the penitentiary. Appellant’s motion for a new trial having been overruled, he has appealed, asking reversal of the judgment on the grounds that (1) he committed no offense within the…