Maxey v. Commonwealth

Opinion of the Court by

Chief Justice Clay—

Reversing.

This is an appeal from a judgment convicting Charlie Maxey of incest, and fixing Ms punishment at three years’ imprisonment in the state penitentiary.

The indictment was drawn under section 1219, Kentucky Statutes, which is as follows:

“Whoever shall carnally know his or her father, mother, child, sister or brother, knowing such relation to exist, shall be guilty of felony, and confined in the penitentiary not less than two nor more than twenty-one years.”

The indictment charged that appellant carnally knew his daughter, Ruby Maxey, knowing at…