81 Ky. 591 | Ky. Ct. App. | 1884
delivered the opinion of the court.
The indictment fails to charge that the accused detained Mary McGriffin against her will for the purpose or with the intent of having carnal knowledge with her.
It is alleged that he unlawfully and forcibly detained her, but it is not averred anywhere that the detention was against her will.
Detention against her will is the main ingredient of the •offense denounced by the statute. It does not require that the carnal knowledge shall be against her will, or that the intent to have carnal knowledge with her shall be coupled with the purpose of doing so against her will. Before any person can be lawfully convicted under the statute, which is subject to easy perversion or misuse, it must be alleged and proved that the female was taken or detained against
Wherefore, the judgment is reversed and cause remanded, with directions to grant appellant a new trial and sustain the demurrer.