Heilman v. Commonwealth
Court of Appeals of Kentucky
Case 62 — INDICTMENT APPEAL PROM HENDERSON CIRCUIT COURT. 1. When it is sought to enforce any rule of the common law in Kentucky, it must first be shown that it was established and recognized as the common law of England in 1603: (Bay v. Sweeney; 14 Bush, 9; Constitution of Kentucky, art. 8, sec. 8.) 2. In order to establish the offense of having carnal knowledge of a woman at common law, it is necessary to show both penetration and emission.
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Case 62 — INDICTMENT APPEAL PROM HENDERSON CIRCUIT COURT. 1. When it is sought to enforce any rule of the common law in Kentucky, it must first be shown that it was established and recognized as the common law of England in 1603: (Bay v. Sweeney; 14 Bush, 9; Constitution of Kentucky, art. 8, sec. 8.) 2. In order to establish the offense of having carnal knowledge of a woman at common law, it is necessary to show both penetration and emission. (Crimes Act, 9 George IV; 24 and 25 Victoria, chap. 100, sec. 63; Williams v. The State, 14 Ohio, 222.) 3. Infants under 14 years old are presumed in…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
Under an indictment for the rape of a child under twelve years of age* the appellant, George Heilman, has been convicted and sentenced to the penitentiary for ten years for carnally knowing a child under that age. The evidence tends strongly to show that he was between eleven and twelve years of age at the time of the alleged commission of the ofíense. The jury were, in substance, told that a boy over fourteen years of age is presumed in law to be capable of the act, but incapable if under that age; but if they found, from the evidence, that the…
2Cited by18 opinions
- Foster v. CommonwealthSupreme Court of Virginia · 1898
- Ochsner v. CommonwealthCourt of Appeals of Kentucky · 1908
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
- Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
- Ball v. United StatesCourt of Appeals for the Ninth Circuit · 1906
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