BOLES v. COMMONWEALTH


406 S.W.2d 853 (1966)

Sherman BOLES, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 7, 1966.


Attorney(s) appearing for the Case

James B. Stewart, Charles T. Walters, Winchester, for appellant.

James Chenault, Commonwealth's Atty., Richmond, Robert Matthews, Atty. Gen., Frankfort, Joseph Eckert, Asst. Atty. Gen., Frankfort, for appellee.


DAVIS, Commissioner.

The appellant, Sherman Boles, seeks reversal of the trial court's order denying his RCr 11.42 motion to vacate sentence. He is now imprisoned and serving a sentence of life imprisonment without privilege of parole as a consequence of his violation of KRS 435.090; (rape of female over 12 years old). It is contended that the prosecutrix was under 12 years of age at the time of the alleged offense, so that the prosecution should have been...

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