Gabbard v. Commonwealth

Clay, Commissionee

Affirming.

Appellant was convicted of the crime of having carnal knowledge of a female child under the age of 18 years, and his punishment was fixed at confinement in the penitentiary for five years. The facts in the case are set out in Gabbard v. Commonwealth, 308 Ky. 165, 214 5. W. 2d 87, wherein we reversed a former judgment because of error in the instructions.

On this appeal appellant’s principal contention is that the indictment charged only a misdemeanor because it failed to allege appellant was over the age of 21 years, and the Court erred in giving a felony instruc*241tion…