COOK v. COMMONWEALTH


351 S.W.2d 187 (1961)

Roy COOK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 10, 1961.


Attorney(s) appearing for the Case

W. D. Bratcher, Greenville, for appellant.

John B. Breckinridge, Atty. Gen., Martin Glazer, Asst. Atty. Gen., for appellee.


WILLIAMS, Judge.

The appellant, Roy Cook, was tried in the Muhlenberg Circuit Court, convicted of rape and sentenced to 20 years in the State penitentiary. He now prosecutes an appeal from the judgment pronounced upon the verdict.

The first ground alleged for reversal is the failure of the Commonwealth to elect whether to prosecute on attempted rape or on rape. This ground was not mentioned in the motion and grounds for a new trial, and this Court will not...

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