Hewitt v. Commonwealth

Opinion of the Court by

Commissioner Hobson—

Reversing.

Section 1155, Kentucky Statutes, as amended by the act of March 16, 1906, reads as follows:

“Whoever shall unlawfully carnally know a fe-. male under the age of sixteen years, or an idiot, shall be confined in the penitentiary not less than ten nor more than twenty years.”

Curtiss Hewitt was indicted in the Warren circuit court; the statement of the facts in the indictment is in these words:

“The said Curtiss Hewitt, heretofore, to-wit, on — day of-, A. D. 192 — , and before the finding of this indictment, in the county aforesaid, did…