Mulligan v. Commonwealth
Court of Appeals of Kentucky
Case 33 — INDICTMENT APPEAL PROM GRANT CIRCUIT COURT.' 1. As the indictment against appellant charged him merely with detaining a woman against her will, with intent to have carnal knowledge with her, it was error to instruct the jury that they might find him guilty if they believed he detained the woman against her will, with intent that others might have carnal knowledge with her.
Read the full summary
Case 33 — INDICTMENT APPEAL PROM GRANT CIRCUIT COURT.' 1. As the indictment against appellant charged him merely with detaining a woman against her will, with intent to have carnal knowledge with her, it was error to instruct the jury that they might find him guilty if they believed he detained the woman against her will, with intent that others might have carnal knowledge with her. (Gen. Stat., chapter 29, article 4, section 9.) 2. The language of the indictment should have been substantially in the language of the statute. (Conner v. Commonwealth, 13 Bush, 714; Commonwealth v. Tanner, 5…
1Opinion of the Court
JUDGE BENNETT
delivered ti-ie opinion op the court.
The appellant was indicted, tried and convicted in the Grant Circuit Court of the crime of detaining Margaret Ford against her will, with the intent to have carnal knowledge with her.
The indictment charges appellant alone with the commission of the crime.
The evidence of Mrs. Ford shows that at about twelve o’clock at night appellant, together with two other persons, all of whom she knew, came in to her house, while she and her husband were in bed, and knocked out the light, and then one of them went to the bed and struck her husband one blow…
2Cases cited3 opinions
- Tully v. CommonwealthCourt of Appeals of Kentucky · 1874
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1858
- Young v. CommonwealthCourt of Appeals of Kentucky · 1871
3Cited by38 opinions
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
- Morgan v. United StatesCourt of Appeals for the Tenth Circuit · 1947
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- State v. HainesSupreme Court of Louisiana · 1899
33 more not listed; retrieve them via the Exa API.