The Kentucky Law Reporter Volume 16 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...years in the capacity of farm laborer; that Myrtle was in her twelfth year; that while she was alseep in her bed just after daylight the accused approached it and awoke her by putting his hand under the bed clothes, placed his hands on her hip and tried to unbutton her drawers, all of which was done against her will. Counsel for appellant, at the close of the evidence for the Commonwealth, moved the court to instruct the jury to find him not guilty. The court overruled the motion, and refused to so instruct the jury, to which action of the court an exception was taken. Appellant admitted he did all the complainant said he had done except trying to unbutton her drawers. During the progress of the examining trial the appellant was asked why he put his hand under the bed clothes and on hei hip. He replied, "you ought to know by nie going there." It is contended that the evidence was not sufficient to warrant a conviction of the accused under the statute. The evident purpose of the statute was to punish those who take or detain females against their will for the purpose of having sexual intercourse with them. It creates a greater offense than an assault and a lesser one than rape or an attempt to commit rape. The facts proven constitute an offense under the statute. The word take, as used in the statute, means to seize, lay hold upon, to catch. Tlie proof shows there was "a taking" against her will, and that his intent was to have? carnal knowledge with her was shown by his acts, but his admission on the trial, before the justice would make clear such purpose, were a doubt entertained -s to what it was. At any rate, the jury had all the facts before it. found him guilty, and the court will not disturb the rinding. It is contended that a...