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CLEMENTS v. COMMONWEALTH

384 S.W.2d 299 (1964)

Cecil CLEMENTS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 20, 1964.

Attorney(s) appearing for the Case

Cabell D. Francis, Stanford, for appellant.

Robert F. Matthews, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, H. Myer Garner, County Atty., Liberty, Paul Carter, Commonwealth's Atty., Tompkinsville, for appellee.

STEWART, Judge.

This is an appeal from a judgment sentencing Cecil Clements to two years in the penitentiary upon a jury verdict finding him guilty of incest. See KRS 436.060.

Two questions are raised: (1) Was there sufficient evidence to sustain the verdict? (2) Does a certain portion of the testimony of a witness for the Commonwealth, noted in detail hereinafter, constitute a reversible error?

The prosecutrix, a 35-year-old daughter of appellant...

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