Kearney v. Commonwealth

MOREMEN, Chief Justice.

Appellant, Henry Kearney, was convicted for the rape of Sylvia Dotson and sentenced to confinement in the penitentiary for twenty years.

On this appeal it is contended that the ■verdict is unsupported by proof as to the •element of force or threatened violence and that the testimony of prosecutrix is incredible, improbable and at variance with the laws of common experience. It is therefore necessary for us to detail at some length the evidence produced.

The prosecutrix, Sylvia Dotson, and her sister, Mary Dotson, lived on a small farm in Taylor County. The former was…