IRVIN v. COM.


582 S.W.2d 655 (1979)

Clyde IRVIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 1, 1979.


Attorney(s) appearing for the Case

Walter A. Baker, Glasgow, for appellant.

Robert F. Stephens, Atty. Gen., Miles H. Franklin, Asst. Atty. Gen., Frankfort, for appellee.

Before WHITE, REYNOLDS and VANCE, JJ.


WHITE, Judge.

Appellant, Clyde Irvin, was convicted of rape in the first degree and sentenced to 10 years in prison. He appeals this conviction alleging two grounds as reversible error.

Appellant one Clarence Shirley were each indicted separately, and charged in two counts with the crimes of rape and sodomy upon the same complaining witness on the same date. At the first trial the Commonwealth moved to consolidate the two indictments and try the defendants...

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