Monday v. Commonwealth

Opinion op the Court by

Chief Justice Clay

Affirming.

Duck Monday appeals from a judgment convicting him of detaining a woman against her will and fixing his punishment at 2 years’ imprisonment.

The only ground urged for reversal is the failure of the court to instruct on assault and battery.

Lovie Crawford, the prosecuting .witness, testified as follows: ,She was 18 years of age, and knew the defendant. She was accosted by the defendant on a road in the woods. Defendant took hold of her and told her he was going to have intercourse with her. She screamed and pulled loose from him. He bruised her…