McCloud v. Commonwealth

WILLIAMS, Judge.

The appellant, Gaylon McCloud, was indicted for carnally knowing, with her consent, a female over 12 and under 16 years of age. He was tried in McCracken Circuit Court, found guilty and given a 10-year sentence. That judgment was appealed to this Court, where it was reversed. McCloud v. Commonwealth, Ky., 303 S.W.2d 299. On February 17, 1959, he was again tried, found guilty, and his punishment fixed at five years in the penitentiary. He has again appealed to this Court.

This case was set for trial on February 17, 1959. The Commonwealth’s Attorney had agreed with appellant that…