Alderson v. Commonwealth

Opinion of the Court by

Judge McCandless

Reversing.

George Alderson was convicted under section 1155 of the statute for carnally knowing a female under the age of 18 years and his punishment fixed at five years in the penitentiary. The indictment did not state that the defendant was over 21 years of age and therefore charged a misdemeanor only. It was error for the court to instruct upon a felony, and for that reason a conviction cannot be upheld and the case must be reversed. Hewitt v. Com., 216 Ky. 72.

Some of the other questions raised on this1 appeal may arise again and for that reason will…