CARMICLE v. COMMONWEALTH


452 S.W.2d 378 (1970)

Tony CARMICLE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 27, 1970.


Attorney(s) appearing for the Case

Duerson & Lawrence, Guy K. Duerson, Jr., John M. Lawrence, Berea, Paul E. Hieronymus, McKee, for appellant.

John B. Breckinridge, Atty. Gen., Laura L. Murrell, Asst. Atty. Gen., Frankfort, for appellee.


STEINFELD, Judge.

Appellant, Tony Carmicle, age 24, was adjudged guilty of the crime of detaining a female against her will with the intent to have carnal knowledge of her (KRS 435.110) and was sentenced to serve two years in the penitentiary. He appeals. We reverse.

Patricia Aileen Sparks, age 17, accepted a telephone invitation to go automobile riding with Danny Cox, a 16-year-old close friend, and Carmicle. In Carmicle's car they went to Patricia's residence...

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