Basham v. Commonwealth

Opinion op the Court by

Commissioner Hobson—

Affirming.

Joe Basham was indicted for feloniously having carnal knowledge of Beulah Smith Hatcher, an infant over 16 years of age and under the age of 18, not his wife. It was charged in the indictment that she was over the age of 16 years, but under 18, and that he was over 21 years of age. He was found guilty and appeals.

It is insisted on the appeal that.the court erred, to the defendant’s prejudice, in instructing the jury as follows :

“If the jury believes from the evidence, to the exclusion of a reasonable doubt, that in Butler county, Kentucky,…