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PATTERSON v. COM.

555 S.W.2d 607 (1977)

Danny PATTERSON and Charles Gilmore, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied October 3, 1977.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Timothy T. Riddell, Asst. Public Defender, Com. of Ky., Frankfort, for appellants.

Robert F. Stephens, Atty. Gen., Deedra Benthall, Asst. Atty. Gen., Frankfort, Eddie C. Lovelace, Commonwealth Atty., 40th Judicial Circuit, Albany, for appellee.

Before WHITE, LESTER and HOGGE, JJ.

WHITE, Judge.

The appellants were convicted of first degree rape by forcible compulsion and were sentenced to serve ten years in the penitentiary. While both of the appellants are young men in their twenties, one of them, Danny Patterson, is white, and the other, Charles Gilmore, is black.

The prosecuting witness is an 18-year-old white woman. She testified that about 1:00 p. m. on February 1, 1976, while she was walking down Morris Hill Road, she was assaulted...

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