Rose v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellant was charged with . detaining Thelma Smith, against her will with intent to have carnal knowledge, Kentucky Statutes, section 1158, KRS 435.110. He was found guilty and in accordance with the verdict, sentenced to two years confinement in the penitentiary. Motion for a new trial, based on sis or more grounds, was overruled. On appeal he sets out in support of his reasons for reversal three or more grounds, but we find it necessary to consider only such as challenge the indictment, and that appellant, under the proof, was entitled…