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DAWSON v. COMMONWEALTH

498 S.W.2d 128 (1973)

Joe DAWSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 14, 1973.

Attorney(s) appearing for the Case

Paul Isaacs, Asst. Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., James Ringo, Asst. Atty. Gen., Frankfort, for appellee.

REED, Justice.

The appellant, Joe Dawson, was convicted of attempted rape of a child under the age of twelve years. Although he was also charged under the Habitual Criminal Act, KRS 431.190, the jury convicted him only of the principal offense and fixed his punishment at twenty years' confinement, which is the maximum penalty prescribed for attempted rape of a child under twelve. The Habitual Criminal Act did not operate to enhance punishment in this instance.

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