Sanders v. Commonwealth

DUNCAN, Justice.

Under an indictment charging rape, the appellant was convicted and sentenced to four years in the penitentiary for taking or detaining a woman against her will, as defined by KRS 435.110.

Since we are reversing the case because of erroneous instructions, we shall discuss only such alleged errors as may recur on a subsequent trial.

No useful purpose would be served by a recitation of the highly conflicting versions of the incidents out of which the prosecution grew. In our opinion, the evidence was sufficient to justify a submission of the case t-o the jury on the question of…