HIMES v. COMMONWEALTH


350 S.W.2d 637 (1961)

Everett HIMES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 27, 1961.


Attorney(s) appearing for the Case

Harvey Parker, Jr., Vanceburg, for appellant.

John B. Breckinridge, Atty. Gen., Wayne J. Carroll, Asst. Atty. Gen., for appellee.


WADDILL, Commissioner.

At his trial upon an indictment accusing him of the crime of rape, appellant was convicted of detaining a woman against her will as denounced by KRS 435.110, a lower degree of the offense of rape. In seeking a reversal of the judgment sentencing him to prison for a term of 5 years, he contends that the court erred in failing to instruct upon the whole law of the case.

For the purpose of this opinion it is sufficient to relate that the...

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