Wilkey v. Commonwealth
Court of Appeals of Kentucky
Case 42—INDICTMENT— APPEAL FROM IIOPKINS CIRCUIT COURT. 1. Demurrer to indictment, because word "ravish,” not used, Clark’s' Crim. Proc., sec. 83, pp, 195, 196, 199; 2 Bishop’s Crim. Proc., pp. 898, 902; 1st Same, 58; Bouvier’s Law Dictionary, word “Ravished;” Black’s Law Dictionary, word “Ravished;” Am. & En. Enc. of Law, 19, p. 957; 1 Russell on Crimes, p. 686; Chitty’s Crim.
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Case 42—INDICTMENT— APPEAL FROM IIOPKINS CIRCUIT COURT. 1. Demurrer to indictment, because word "ravish,” not used, Clark’s' Crim. Proc., sec. 83, pp, 195, 196, 199; 2 Bishop’s Crim. Proc., pp. 898, 902; 1st Same, 58; Bouvier’s Law Dictionary, word “Ravished;” Black’s Law Dictionary, word “Ravished;” Am. & En. Enc. of Law, 19, p. 957; 1 Russell on Crimes, p. 686; Chitty’s Crim. Law., sec. 244; Kentucky Statutes, sec. 1154; General Statutes, chap. 29, art. 4, sec. 5; Kessler v. Com.,. 12 Bush, 18; Hall v. Com., 15 Ky. Law Rep., 856; 2 Bishop on Crim. Law., secs. 10C9, 1089; Ray v. Sweeney, 14…
1Opinion of the CourtChief Justice Lewis
Appellant was convicted in tlie Hopkins Circuit Court under the following indictment: “The grand jurors of the county of Hopkins, in the name and by the authority of the Commonwealth of Kentucky, accuse Frank Wilkey of the crime of rape, committed in manner and form as follows, to-wit.: The said Wilkey, in the said county of Hopkins, on the-day of May, 1897, and before the finding of this indictment, did unlawfully, willfully, forcibly, and. feloniously have sexual intercourse with and carnally know Jennie Tyre, a female of and above twelve years of age, without the consent and against the…
2Cases cited1 opinion
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
3Cited by14 opinions
- Palmer v. StateTennessee Supreme Court · 1908
- Gross v. CourtleyCourt of Appeals of Kentucky · 1914
- Nelson v. Commonwealth.Court of Appeals of Kentucky (pre-1976) · 1930
- Woosley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1956
- Bennett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
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