BURNETT v. COMMONWEALTH


523 S.W.2d 229 (1975)

Willie Lee BURNETT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 20, 1975.


Attorney(s) appearing for the Case

C. Michael Hatzell, Louisville, for appellant.

Ed W. Hancock, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Frankfort, for appellee.


PALMORE, Justice.

The appellant was found guilty of rape (KRS 435.090) and of indecent and immoral practices (KRS 435.105) and sentenced to life imprisonment on the first count and five years' imprisonment on the second.

There is no question that a heinous offense or offenses were committed upon the prosecuting witness, but there was a real question as to the identity of the offender,1

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