CARTER v. COMMONWEALTH


307 S.W.2d 561 (1957)

James CARTER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 22, 1957.


Attorney(s) appearing for the Case

Vernon A. Dinkle, Ashland, for appellant.

Jo M. Ferguson, Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., Frankfort, for appellee.


STEWART, Judge.

James Carter was convicted of rape in the Boyd Circuit Court and sentenced to 15 years' imprisonment. He appeals from the judgment pronounced on him, urging six grounds for reversal. We conclude one of these grounds has merit, namely, that which claims the lower court erred prejudicially when it failed to instruct on a lesser degree of the offense charged. We shall therefore confine this opinion to this error, believing none of the other alleged errors...

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