Burk v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Affirming.

Appellant was indicted in the Lee circuit court on the statutory charge of having had carnal knowledge of a female under eighteen years of age, and upon trial was found guilty. His punishment was fixed at two years confinement in the penitentiary. The court refused a new trial, and the defendant appeals.

The prosecuting witness very definitely accused the appellant of having been the cause of her difficulties; appellant on the other hand making an emphatic denial of any wrongdoing.

The evidence is that the prosecutrix was under the age of…