Jones v. Commonwealth

Opinion op the Court by

Judge Carroll

Affirming.

The appellant prosecutes this appeal from a judgment of conviction under an indictment charging him with the crime of carnally knowing Fannie Johnson, an- idiot. The appellant is an uncle of Fannie Johnson, and it is not denied that he had carnal intercourse with her in 1912, some months after she had been declared an idiot by the judgment of the Butler Circuit Court.

The record in the proceeding in which she was declared an idiot was introduced by the Commonwealth without objection, and it was of course admissible in *754•evidence. Whether'this…