111 Ky. 584 | Ky. Ct. App. | 1901
Opinion of the court by
Reversing.
Appellee, having been indicted under section 1214 of the ■Kentucky Statutes, at the conclusion of the Commonwealth’s testimony, moved the court for a peremptory instruction to the jury to find him not guilty, which motion; was sustained, and the Commonwealth has appealed. Sec>
The circuit court seems to have sustained the motion for a peremptory instruction upon the theory that a prosecution for this offense is analogous to an action for a breach of promise of marriage, and that anything which would relieve a defendant in such an action would relieve [him of the consequence of his offense under this section. The court also seems to have assumed that the statement
No question is presented here as to the admissibility of testimony of unchaste conduct on the part of the prosecutrix soon after the alleged offense, as the evidence upon that subject was introduced by the prosecution.
For the reasons given, this opinion is ordered to >be certified to the circuit court.