Davis v. Commonwealth
Court of Appeals of Kentucky
Case 114 — INDICTMENT— APPEAL PROM LIVINGSTON CIRCUIT COURT. 1. To constitute the offense for which section 1214 of the Kentucky Statutes prescribes a punishment both the man and the woman must be unmarried and the indictment must so- allege. (Commonwealth v. Wright, 16 Ky. Law Rep., 251.) 2. The court erred in its' instructions to the jury. It was proper to tell the jury that if the intercourse was- accomplished by force then they must acquit.
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Case 114 — INDICTMENT— APPEAL PROM LIVINGSTON CIRCUIT COURT. 1. To constitute the offense for which section 1214 of the Kentucky Statutes prescribes a punishment both the man and the woman must be unmarried and the indictment must so- allege. (Commonwealth v. Wright, 16 Ky. Law Rep., 251.) 2. The court erred in its' instructions to the jury. It was proper to tell the jury that if the intercourse was- accomplished by force then they must acquit. (State of Iowa v. Lewis, 30 Am. Rep., 407.) But it was prejudicial error to go -further and tell them that they must acquit because in that event the…
1Opinion of the Court
JUDGE GRACE
delivered tiie opinion of the court.
This is an appeal by Jno. W. Davis from a judgment of the Livingston Circuit Court convicting him of the crime of seduction and sentencing him to confinement in the State prison for two years and six months as a punishment for said offense. The statute under which this indictment was laid' and conviction had may be found in section 1214, Kentucky ■Statutes, and is as follows, viz.:
“Whoever shall, under promise of marriage, seduce and have carnal knowledge of any female under twenty-one years of age, shall be guilty of a felony, and, upon…
2Cases cited1 opinion
- State v. PrimmSupreme Court of Missouri · 1889
3Cited by5 opinions
- Commonwealth v. TobinCourt of Appeals of Kentucky · 1910
- Peyton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941
- Miller v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- Davis v. StateSupreme Court of Arkansas · 1910
- Curry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928