Hylton v. Commonwealth

Opinion op the Court by

Chiep-Justice McCandless

— Reversing. -

Ohlyh Hylton was tried under .section 1155, Ky. Stats., Supp. 1928, on a charge of having carnal knowledge of a female under 17 years of age. He was found guilty and sentenced to the penitentiary for 3 years. There is ho reference to defendant’s age in .the indictment, or allegation that he was over 21 years of age at the time the offense was committed. Therefore the offense charged a misdemeanor only. Hewitt v. Com., 216 Ky. 72, 287 S. W. 223.

However, the instructions authorized a felony conviction, if the jury believed beyond a…