HUMPHREY v. COM.

No. 96-SC-330-MR.

962 S.W.2d 870 (1998)

Michael HUMPHREY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

February 19, 1998.


Attorney(s) appearing for the Case

Robert A. Thomas, Harlan, Warren N. Scoville, Scoville, Cessna & Associates, London, for Appellant.

A.B. Chandler II, Attorney General, Michael L. Harned, Assistant Attorney General, Criminal Appellate Division, Frankfort, for Appellee.

J. Vincent Aprile, II, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Amicus Curiae, Department of Public Advocacy.


LAMBERT, Justice.

Appellant was indicted for three counts of rape in the first degree, involving three different female children, all under the age of twelve (12). The Harlan Circuit Court directed a verdict of not guilty for appellant as to Count II of the indictment, and submitted the other counts to the jury. The jury convicted appellant of sexual abuse in the first degree as a lesser included offense under Count I,...

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