MORRIS v. COMMONWEALTH


459 S.W.2d 589 (1970)

Thomas MORRIS and Roy El Ballentine, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied December 11, 1970.


Attorney(s) appearing for the Case

Nat Ryan Hughes, Murray, Mahlon R. Shelbourne, Paducah, for appellants.

John B. Breckinridge, Atty. Gen., James H. Barr, Asst. Atty. Gen., Frankfort, J. Albert Jones, Paducah, James Barr, Asst. Atty. Gen., Frankfort, Ky., for appellee.


MILLIKEN, Judge.

A jury found the appellants, two married men, Roy El. Ballentine and Thomas Morris, guilty of the rape of a nineteen-year-old girl, and fixed their sentences at ten years, the minimum under KRS 435.090. They appeal, alleging that the verdict was not supported by the evidence, that the jury should have been discharged because of an outburst by the girl's father during the trial, and that the testimony of certain character witnesses was not relevant...

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