Cecil v. Commonwealth

Opinion op the Court by

Judge Lassing

Affirming.

Appellant was indicted, tried and convicted of the crime of incest. Two grounds are relied upon for reversal, first, that appellant and Mollie Cecil, the mother of the accusing witness, Jose Cecil, were never married, and the said Jose Cecil was not his child within the meaning of the statute; and second, because of errors committed by the trial court in failing to properly instruct the jury.

The statute under which the prosecution was had, Sec. 1219 Kentucky Statutes, reads as follows:

“Whoever shall carnally know his or her father, mother, child,…