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WATKINS v. COMMONWEALTH

514 S.W.2d 185 (1974)

William WATKINS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 27, 1974.

Attorney(s) appearing for the Case

Coleman D. Moberly, London, Anthony M. Wilhoit, Public Defender, Frankfort, for appellant.

Ed W. Hancock, Atty. Gen., Douglas E. Johnson, Special Asst. Atty. Gen., Frankfort, for appellee.

CULLEN, Commissioner.

William Watkins was indicted on two counts of forcible rape of a 13-year-old female, both offenses charged to have been committed on the same day against the same victim. The defendant moved that the Commonwealth be required to elect which of the two counts to try "because of improper joinder of two separate and distinct crimes." The court granted the motion on the basis that "under the provisions of RCr 9.14 * * * the Commonwealth should be...

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