Howerton v. Commonwealth
Court of Appeals of Kentucky
CASE 51. — PROSECUTION AGAINST PERCY HOWERTON FOR CARNALLY KNOWING A FEMALE UNDER UNDER 16 YEARS OF AGE. — September 29. Appeal from Crittenden Circuit Court. J. P. Gordon, Circuit Judge.
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CASE 51. — PROSECUTION AGAINST PERCY HOWERTON FOR CARNALLY KNOWING A FEMALE UNDER UNDER 16 YEARS OF AGE. — September 29. Appeal from Crittenden Circuit Court. J. P. Gordon, Circuit Judge. Defendant oonvicted and appeals — CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES. 1. Does an act of the Legislature, providing, “Whoever shall unlawfully carnally know a female under the age of sixteen years, or an idiot, shall be confined in the penitentiary for not less than ten nor more than twenty years,'1 create a purely statutory offense, or is it a continuation of the common-law crime of rape,…
1Opinion of the Court
Opinion op the Oouet by
Judge Settle —
Reversing.
Appellant was tried in the court below under an indictment charging him with the crime of carnally *485knowing a female under the age of 16 years. The jury hy verdict found him guilty, and fixed his punishment at confinement in the penitentiary 10 years. Judgment was thereupon entered in accordance with the verdict, and from that judgment this appeal is prosecuted.
Numerous grounds were filed by appellant in the court below in support of his motion for a new trial. The evidence introduced by the Commonwealth conduced to prove appellant’s guilt of the…
2Cases cited3 opinions
- Shepherd v. CommonwealthCourt of Appeals of Kentucky · 1905
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1893
- Martin v. CommonwealthCourt of Appeals of Kentucky · 1905
3Cited by21 opinions
- Brennon v. CommonwealthCourt of Appeals of Kentucky · 1916
- Goff v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Bennett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1920
- East v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
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