Com. v. Mosely

Gilley v. Commonwealth
280 Ky. 306 (Ky. Ct. App. 1939) Cited 13 times
In Gilley v. Commonwealth, 280 Ky. 306, 133 S.W.2d 67, relied on by appellant, the court specifically held that there was sufficient proof of attempt to have justified the court in giving an instruction on the common law offense of attempted rape.
We indicated in that case that the court below, because of the "unusual circumstances" surrounding the alleged crime, justified the giving of an instruction on attempt to rape and detaining a female. In Mosely v. Com., 206 Ky. 173, 266 S.W. 1048, 1049, the prosecutrix was about thirteen years of age, and the charge was rape. The examining physician could not say whether or not there had been penetration, but was sure there had not been intercourse.