Commonwealth v. Lowe
Court of Appeals of Kentucky
Case 29 — Indictment against Eddie Lowe for Rape. APPEAL I Demurrer to Indictment Sustained and Commonwealth Appeals. This indictment, was returned under section 1154, Kentucky Statutes, which reads as follows: “Whoever shall unlawfully carnally know a female, of an'd above twelve years of age, against her will or oonsent, or) by force, or whilst she is insensible, shall he guilty of rape, and punished by confinement in the .penitentiary not! less than ten nor more than…
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Case 29 — Indictment against Eddie Lowe for Rape. APPEAL I Demurrer to Indictment Sustained and Commonwealth Appeals. This indictment, was returned under section 1154, Kentucky Statutes, which reads as follows: “Whoever shall unlawfully carnally know a female, of an'd above twelve years of age, against her will or oonsent, or) by force, or whilst she is insensible, shall he guilty of rape, and punished by confinement in the .penitentiary not! less than ten nor more than twenty years, or by death, in the discretion, of the jury.” We are not advised upon what ground or fiar what reason the…
1Opinion of the Court
Opinion oe the court nr
CHIEF JUSTICE BURNAM
Reversing.
The question for decision by this court upon this appeal is the sufficiency of the indictment wherein the appellee, Eddie Lowe, is charged with a violation of section 1154 of the Kentucky .Statutes of 1899, which reads as follows: “Whoever shall unlawfully carnally know a female, of and ■above twelve years of age, against her will or consent, or hv force, or whilst she is insensible, shall be guilty of rape, and punished by confinement in the penitentiary not less than ten nor more than twenty years, or by death in the discretion of the…
2Cases cited1 opinion
- Commonwealth v. StoutCourt of Appeals of Kentucky · 1847
3Cited by7 opinions
- Greenwell v. CommonwealthCourt of Appeals of Kentucky · 1907
- Carroll v. CommonwealthCourt of Appeals of Kentucky · 1915
- Hudspeth v. CommonwealthCourt of Appeals of Kentucky · 1922
- Sage v. StateArizona Supreme Court · 1921
- Commonwealth v. LawsonCourt of Appeals of Kentucky · 1915
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