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eBook details

• Title: Adams v. Commonwealth
• Author : Court Of Appeals Of Kentucky
• Release Date : January 30, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

STEWART, Justice. On May 14, 1952, the grand jury of Woodford County returned an indictment against Joe Adams, charging him with the offense of rape committed on the person of his daughter, Pauline Adams, age 13. See KRS 435.100. The indictment also alleged that on two previous occasions, namely, on October 25, 1938, and on May 21, 1942, Adams was convicted of felonies in the Woodford Circuit Court, so that he came within the application of KRS 431.190, the 'Habitual Criminal Act.' The jury found the accused guilty of rape and fixed his punishment at confinement in the penitentiary for life without the privilege of parole. This appeal from the judgment entered urges three grounds for reversal: First, that the evidence does not sustain the verdict; second, that when testimony was introduced by the Commonwealth to establish the two previous felony convictions it was prejudicial error not to admonish the jury that such evidence should not be considered in connection with the charge of rape; and third, that 'Instruction No. 1' was reversibly erroneous because it failed to specify the date the offense therein set forth was alleged to have been committed. The evidence for the Commonwealth proving the perpetration of the crime consisted mainly of the testimony of the child. She stated positively that appellant forced her to have sexual intercourse with him some five times, the first act having occurred shortly after Christmas of 1951 and the last, on which the indictment is based, having taken place on April 10, 1952. Doctor Olson Parrott, the physician who examined the prosecutrix at the instance of the Woodford county attorney and who appeared as a witness for the Commonwealth, made this statement as to the child's physical condition: 'I found nothing unusual except she gave the appearance of a person who had been married and was having ordinary sexual relations.' The evidence of appellant consisted of nothing more than a denial that he had ever abused his daughter.

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