Kitchen v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Reversing.

This is a second appeal; 275 Ky. 564, 122 S. W. (2d) 121. We reversed the judgment sentencing appellant to imprisonment for three years for detaining a woman, etc., under an indictment charging carnal knowledge of Virginia Mayo, a girl over twelve and under sixteen years of age, chiefly because of failure of the court to give an instruction on the law of attempt to commit the offense charged. We found fault with the manner in which the court had selected grand and petit jurors, and gave directions to the court to remand the indictment to a…