Sandefur v. Commonwealth

Opinion op the CouRt by

Judge Oabeoll

Affirming.

The appellant was indicted under section 1155 of the Kentucky Statutes reading:

“Whoever shall unlawfully, carnally, know a female under the age of sixteen years or an idiot shall he confined- in the penitentiary not less than ten nor more than twenty years.”

The indictment charges that he unlawfully and carnally knew and had sexual intercourse with Ruth Smith, an idiot. Upon a trial the jury found him guilty and fixed his punishment at confinement in the State prison for ten years.

The errors relied on for reversal are (1) that Ruth Smith was not…