Smith v. Commonwealth
Court of Appeals of Kentucky
Case 35 — Prosecution Against Henry Smith, Alias Henry Williams, for Rape. APPEAL FROM JEFFERSON ’CIRCUIT COURT, CRIMINAL DIVISION--JOSEPH PRYOR, JUDGE., Defendant Convicted .and Appeals. 1. The testimony fails to show such resistance on the part of the prosecutrix as would constitute the offense of rape.
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Case 35 — Prosecution Against Henry Smith, Alias Henry Williams, for Rape. APPEAL FROM JEFFERSON ’CIRCUIT COURT, CRIMINAL DIVISION--JOSEPH PRYOR, JUDGE., Defendant Convicted .and Appeals. 1. The testimony fails to show such resistance on the part of the prosecutrix as would constitute the offense of rape. All she testifies to may be true and still the act not have been against her will. 2. There is no corroborating evidence, and without corroboration there can be no conviction. 3. She made no outcry, no resistance at the time, but went to her room and went to bed and said nothing about it…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Affirming.
Upon a second trial in the Jefferson Circuit Court, crixni*282nal division, under an indictment charging' him with the crime of rape upon Annie Scheneble, “a female over and above twelve years of age,” the appellant, Henry Smith, alias •Henry Williams, a negro, was by verdict of the jury found guilty, and his punishment fixed at confinement in the penitentiary for ten years. Upon the previous trial he was also convicted, but his punishment was then fixed by the jury at death. He was, however, relieved of that judgment, and of the death penalty thereby…
2Cases cited1 opinion
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1897
3Cited by6 opinions
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1906
- Arnold v. CommonwealthCourt of Appeals of Kentucky · 1922
- Jones v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Wallace v. CommonwealthCourt of Appeals of Kentucky · 1915
- St. Clair v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
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