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ZACHERY v. COM.

580 S.W.2d 220 (1979)

Danny Lee ZACHERY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 20, 1979.

Attorney(s) appearing for the Case

John Tim McCall, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., John F. Zink, Asst. Atty. Gen., Frankfort, for appellee.

REED, Justice.

Zachery was indicted for (a) first-degree rape of Barbara Faye Simon (KRS 510.040), (b) kidnapping her (KRS 509.040), (c) first-degree wanton endangerment of her (KRS 508.060), and (d) as a first-degree persistent felony offender (KRS 532.080). According to the parties, the trial judge "severed the wanton endangerment count from the indictment." The jury acquitted Zachery of rape; they also acquitted him of kidnapping but found him guilty of the lesser...

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