MELAND v. COMMONWEALTH


300 S.W.2d 793 (1957)

Harold W. MELAND, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 3, 1957.


Attorney(s) appearing for the Case

Rodes K. Myers, Geo. B. Boston, Bowling Green, Ollie James Cockrell, Jackson, Earl B. Rose, Beattyville, for appellant.

Jo M. Ferguson, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


SIMS, Judge.

Harold W. Meland was sentenced to the penitentiary for a term of twenty years upon being convicted of raping a 12-year old girl, Ardotha Melton. From the verdict and instructions it is impossible to determine whether the conviction was for forcible rape, which carries a penalty of death, life imprisonment or imprisonment for not less than 10 nor more than 20 years, or for having carnal knowledge of a girl under 16 years of age, often referred to as "statutory...

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