Fenston v. Commonwealth
Court of Appeals of Kentucky
Case 87 — INDICTMENT APPEAL FROM NELSON CIRCUIT COURT. ;i. The court erred in permitting appellee to read a part of a letter written hy appellant. He was entitled to have all of it read. 2. The instruction is error. Rape is the crime charged. The proof did not sustain it, and, failing to make out the case, the court should have directed the jury to find for defendant. (Crim.
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Case 87 — INDICTMENT APPEAL FROM NELSON CIRCUIT COURT. ;i. The court erred in permitting appellee to read a part of a letter written hy appellant. He was entitled to have all of it read. 2. The instruction is error. Rape is the crime charged. The proof did not sustain it, and, failing to make out the case, the court should have directed the jury to find for defendant. (Crim. Code, section 126; lb., 263; section 3, article 4, chapter 29, General Statutes.) . The offense of which appellant was convicted is included in the offense ■ with which he is charged. (Orim. Code, section 264.)
1Opinion of the Court
JUDGE LEWIS
delivered the opinion oe the court.
Appellant was indicted for the offense of rape upon a female under the age of twelve years, described in section 3, article 4, chapter 29, General Statutes, and convicted of the offense of carnally knowing her, as described in section 6.
During the trial a letter written by him was read in evidence, tending to show that he had carnal knowledge of her by her consent. And one ground relied on for reversal is that only part of the letter was read to the jury. But as it does not appear what the omitted portion contained, nor that appellant required it…
2Cited by20 opinions
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Nider v. CommonwealthCourt of Appeals of Kentucky · 1910
- Meade v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- White v. CommonwealthCourt of Appeals of Kentucky · 1894
- Merriss v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
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