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FRYREAR v. COMMONWEALTH

471 S.W.2d 321 (1971)

Leroy FRYREAR, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 29, 1971.

Attorney(s) appearing for the Case

David Kaplan, Stuart Lyon, Edward T. Brady, Louisville, for appellant.

John B. Breckinridge, Atty. Gen., James H. Barr, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Commissioner.

The appellant Leroy Fryrear was convicted by a jury in Jefferson County Kentucky, of the rape and murder of a 19-year-old girl. The two charges were tried together and he was sentenced to life imprisonment without benefit of parole on the charge of rape, and was sentenced to death for the murder. The rape and the murder were committed upon the same girl and much of the evidence which constituted proof of guilt of the rape likewise constituted...

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