RHYE v. COMMONWEALTH


263 S.W.2d 923 (1953)

RHYE v. COMMONWEALTH.

Court of Appeals of Kentucky.

Rehearing Denied February 12, 1954.


Attorney(s) appearing for the Case

Earle M. Nichols, Madisonville, for appellant.

J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


MOREMEN, Justice.

Appellant, Roy Rhye, age 45, was indicted for the crime of rape which is denounced by KRS 435.090. Upon trial, he was convicted and sentenced to serve 15 years in the penitentiary.

The prosecuting witness, Lena Dunkerson, age 15, is a half-sister of Mrs. Roy Rhye and she had lived with appellant and his wife since she was fifteen months old. She testified that in the afternoon of a day in January, 1952, appellant Roy Rhye, her uncle, Andrew...

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