Fitzgerald v. Commonwealth

■Opinion op the Court by

Judge Baird

— Affirming.

Armitt Fitzgerald was indicted, tried, convicted, and adjudged guilty in the Carter circuit court of the crime of unlawfully, willfully, and feloniously having carnal knowledge of Verna Barker, a female, not his wife, without her consent, she being between the ages of 1(5 and 18 years. His penalty was fixed at 2 years confinement in the state reformatory. He appeals from that judgment.

He complains, first, that the verdict was against the-law and the evidence; second, that the court erred in permitting the Commonwealth, after the case was closed,…