STAPLETON v. COMMONWEALTH


305 S.W.2d 911 (1957)

Luther STAPLETON, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 11, 1957.


Attorney(s) appearing for the Case

P. H. Vincent, Ashland, for appellant.

Jo M. Ferguson, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., for appellee.


MONTGOMERY, Judge.

Luther Stapleton, Jr. was convicted of rape and sentenced to twenty years' imprisonment. He complains that the trial court (1) improperly refused a continuance of the trial; (2) admitted improper evidence; and (3) failed to give the whole law of the case; and (4) that the verdict is the result of passion and prejudice and is not supported by the evidence.

It is unnecessary to detail the evidence. The trial court gave an instruction based...

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