Commonwealth v. Pennington

Opinion op the Court by

Judge Sampson

Affirming.

Pennington was indicted in January, 1919, in Carter circuit court for the crime of detaining Laura Hilton against her will for the purpose of having carnal knowledge of her himself in the year 1916. In May, 1919, he was put upon trial but the jury failed to agree upon a verdict and was discharged. Pie was again put upon trial in July, 1920, and the jury again disagreed and no verdict was returned. Upon each of the trials the court gave to the jury the usual instructions in prosecutions under section 1155, Kentucky Statutes, but on the last trial…