Walsh v. Commonwealth

Opinion op the Court by

Judge Harris

Affirming.

Under an indictment charging him with the'crime-of rape the defendant (appellant) w,as convicted and sentenced to twenty years’ confinement in the penitentiary.

In his motion for a new trial he alleged two grounds: (1) That the verdict is excessive and not sustained by the evidence; (2) that the verdict is contrary to law, in that the Commonwealth failed to prove that the act alleged was committed against the will or without the consent of the prosecutrix, or while she was insensible, as is. indispensably required by KRS 435.090. On this appeal he…