Clark v. Commonwealth

Opinion op the Court by

Judge Rees

Affirming.

Wesley Clark was convicted of unlawfully detaining a woman against her will with intent to have carnal knowledge of her, under section 1158, Kentucky Statutes, and Ms punishment fixed at confinement in the state penitentiary for a period of two years. On this appeal it is urged that he was entitled to a peremptory instruction to find him not guilty.

On direct examination the prosecuting witness, Lillian Matney, testified as follows:

“Q. Well, go ahead and tell the jury what he did to you. A. Well, we got together over there close to the colored church…