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MESSMEAR v. COMMONWEALTH

472 S.W.2d 682 (1971)

Thomas Charles MESSMEAR, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 5, 1971.

Attorney(s) appearing for the Case

Henry L. Rosenthal, Jr., Winchester, for appellant.

John B. Breckinridge, Atty. Gen., Douglas E. Johnson, Sp. Asst. Atty. Gen., Frankfort, for appellee.

DAVIS, Commissioner.

Thomas Charles Messmear was found guilty by a jury of violation of KRS 436.060 (incest). Indictment was in three counts, charging that the defendant had carnal knowledge of his own child, Patricia M. Bailey, knowing that he was her father, on or about May 2, May 23, and August 11, 1970. The jury fixed his penalty at imprisonment for five years on each of the counts. On this appeal Messmear presents two claims of error, asserting that (1) incompetent...

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