Commonwealth v. Hines

Opinion op the Court by

Sims, Commissioner

Certifying the law.

The appellee, Curley Hines, was indicted by the grand jury of the Madison Circuit Court for carnally knowing a girl under the age of consent, an offense denounced by Section 1155, Kentucky Statutes. The indictment charged that at the time of the alleged commission of the offense the victim was not appellee’s wife and that she was of the age of 12 years and under the age of 16 years, and that appellee was over 21 years of age. Upon the trial no evidence was introduced as to the age of appellee, yet the court instructed the jury in…