Yates v. Commonwealth

Opinion op the Court by

Judge Settle

Affirming.

The trial of the appellant, Marshall Yates, in the Boyle circuit court under an indictment charging him with the crime of wilfully, unlawfully and feloniously having carnal knowledge of and sexual intercourse with Lillian Toombs, “a female under the age of eighteen years, not his wife, with her consent,” resulted in a verdict of the jury finding him guilty and fixing his punishment at confinement for two years in the penitentiary. He was refused a new trial and the verdict approved by the judgment of the court, and from that judgment he prosecutes…