HOGUE v. COMMONWEALTH


229 S.W.2d 736 (1950)

312 Ky. 755

HOGUE v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 2, 1950.


Attorney(s) appearing for the Case

James G. Begley, Danville, Jackson & Begley, Danville, for appellant.

A. E. Funk, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


KNIGHT, Justice.

This is the second appeal of this case. The first appeal is reported in 305 Ky. 298, 203 S.W.2d 42. Since the facts in the case are fully set out in the former opinion, it will not be necessary to repeat them here. On the former appeal the case was reversed because the lower court failed to give an instruction on a lesser degree of the offense of rape with which the defendant was charged in the indictment and we held that an instruction should have...

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