BURTON v. COMMONWEALTH


550 S.W.2d 485 (1977)

Frank Thomas BURTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 10, 1977.


Attorney(s) appearing for the Case

David F. Broderick, Cole, Harned & Broderick, Bowling Green, for appellant.

Ed W. Hancock, Atty. Gen., Victor Fox, Asst. Atty. Gen., Frankfort, for appellee.


STEPHENSON, Justice.

Frank Burton was convicted of rape and sentenced to life imprisonment. We affirm.

Mabel (Mrs. Frank) Wiseman, an 80-year-old woman, was raped at her home on a Sunday afternoon. After the assailant left, Mrs. Wiseman attracted the attention of a neighbor who contacted the police. The police arrived at the house and, after sending Mrs. Wiseman to the hospital where the rape was confirmed by a physician, found a "Ringo hat" in the bedroom...

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