Goldy v. Commonwealth

• Decision Date: 24 February 1942
• Citation: 289 Ky. 613,159 S.W.2d 989
• Parties: GOLDY v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

159 S.W.2d 989

289 Ky. 613

GOLDY v. COMMONWEALTH.

Court of Appeals of Kentucky

February 24, 1942

Appeal from Circuit Court, Menifee County; W. Bridges White, Judge.

Bastardy proceeding by the Commonwealth of Kentucky against Chester Goldy. From an adverse judgment, defendant appeals.

Affirmed.

W. C Hamilton, of Mt. Sterling, for appellant.

Hubert Meredith, Atty. Gen., and Wm. F. Neill, Asst. Atty. Gen., for appellee.

CAMMACK Justice.

Chester Goldy is appealing from a judgment in a bastardy proceeding finding him guilty and directing that he pay to Lacie Walton the prosecuting witness, the sum of $120 a year for 16 years for upkeep of Lacie's infant child.

Goldy is a married man and has two young sons. For several years he has been a tenant farmer in Jessamine County. He is distantly related to the prosecuting witness, Lacie Walton. Lacie was 18 or 19 years of age in June, 1941. She worked in the Goldy home as a domestic servant for several months during the winter of 1937-38. The proof is conflicting as to the number of times she was there between March, 1938, and October of that year, when she was again employed by the Goldys. Her last period of employment was for some six weeks, and ended around December 1, 1938. Lacie testified that on two occasions late in November (two days apart) Goldy forced her under threat of bodily harm to have sexual intercourse with him. She said that Mrs. Goldy was away from home on both occasions. Goldy denied Lacie's charges and on this phase of the case there is only his word against hers.

Mr. and Mrs. Goldy testified that they had tried to make Lacie's stay in their home pleasant and that they had manifested more than a passing interest in her welfare. Goldy offered testimony as to Lacie's improper conduct with two or three young men who worked for him and stayed in his home. Mrs. Goldy produced two or three letters which she said were written by Lacie and mailed from Frenchburg wherein she inquired about members of the family and as to one of the boys who had worked for Goldy. Checks were offered also which had been made out to Lacie for her wages, the indorsements on which were in the same handwriting as the letters. Lacie denied that anyone stayed in the Goldy home while she worked there and that she knew the boys in question; that she had written letters to Mrs. Goldy; that she was paid by check except on one occasion; and she said that her name was written on that check by the clerk in a store where she had it cashed.

It is urged that the contradiction of Lacie's testimony on the...