KEARNEY v. COMMONWEALTH


386 S.W.2d 953 (1965)

Henry KEARNEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 12, 1965.


Attorney(s) appearing for the Case

Fred Faulkner, Jr., Faulkner & Bertram, Campbellsville, for appellant.

Robert Matthews, Atty. Gen., F. E. Wood, Asst. Atty. Gen., Lester Spalding, Commonwealth's Atty., Lebanon, Fuller Harding, County Atty., Campbellsville, for appellee.


MOREMEN, Chief Justice.

Appellant, Henry Kearney, was convicted for the rape of Sylvia Dotson and sentenced to confinement in the penitentiary for twenty years.

On this appeal it is contended that the verdict is unsupported by proof as to the element of force or threatened violence and that the testimony of prosecutrix is incredible, improbable and at variance with the laws of common experience. It is therefore necessary for us to detail at some length the...

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