BAILEY v. COMMONWEALTH


229 S.W.2d 767 (1950)

312 Ky. 764

BAILEY v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 5, 1950.


Attorney(s) appearing for the Case

James E. Banahan, Lexington, Stanley W. Saunier, Jr., Lexington, for appellant.

A. E. Funk, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


REES, Justice.

Edward Bailey was indicted for carnally knowing with her consent a female child under sixteen years of age and over twelve years of age, a crime denounced by KRS 435.100. The jury found the defendant guilty, and fixed his punishment at confinement in the penitentiary for a term of fifteen years. On this appeal the appellant argues these grounds for reversal of the judgment: (1) An essential element of the crime was not proved; (2) the verdict is flagrantly...

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