Jewell v. Commonwealth

MILLIKEN, Chief Justice.

Appellant, James Jewell, age 27, married and the father of three children, was convicted in the Clay Circuit Court under KRS 435.080(2) of an attempt to commit rape upon a child under twelve years of age, and his punishment was fixed at five years’ confinement in the penitentiary, the minimum penalty. A reversal of the judgment is urged because the evidence is insufficient to sustain the verdict, and the court failed to instruct on the whole law of the case.

The evidence of the prosecutrix, Louise Hubbard, a child eleven years of age, was to this effect:

She lives near…