Commonwealth v. Cundiff

147 S.W. 767 (1912)

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Commonwealth v. Cundiff

Kentucky Court of Appeals
147 S.W. 767 (1912)

Facts

Leonard Cundiff (defendant) was indicted for having carnal sexual intercourse with a female under 16 years of age. The female provided an affidavit stating that Cundiff was her cousin and the father of her child, she and Cundiff were young at the time of the charged conduct and did not realize the enormity of their crime, her physical condition was weak, she had suffered great humiliation and remorse, she did not believe she could stand the strain on her health and mind if she were compelled to testify, and she was asking that the charge against Cundiff be dismissed. Cundiff also filed an affidavit from the female’s parents asking that the prosecution be dismissed. The court filed away the indictment over the objection of the commonwealth (plaintiff). The commonwealth appealed.

Rule of Law

Issue

Holding and Reasoning (Lassing, J.)

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