MONTGOMERY v. COMMONWEALTH


262 S.W.2d 475 (1953)

MONTGOMERY v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 20, 1953.


Attorney(s) appearing for the Case

J. M. Richardson, J. A. Richards, Owingsville, for appellant.

J. D. Buckman, Atty. Gen., William Simpson, Asst. Atty. Gen., for appellee.


MOREMEN, Justice.

The appellant, Homer Montgomery, by indictment, was charged with the offense of criminally knowing, with her consent, a female child, not his wife, who was under the age of 18 years and over the age of 12 years, an offense denounced by KRS 435.100. He was found guilty and his punishment fixed at 5 years of penal servitude.

Appellant's brief contains the following accurate resume of the evidence presented at the trial, which we adopt: The...

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