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COM. v. MITCHELL

No. 95-SC-780-DG.

943 S.W.2d 625 (1997)

COMMONWEALTH of Kentucky, Appellant, v. Tony Eugene MITCHELL, Appellee.

Supreme Court of Kentucky.

April 24, 1997.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Sharon Kay Hilborn, Criminal Appellate Division, Office of Attorney General, Frankfort, for appellant.

Shirley A. Cunningham, Jr., Gerry L. Harris, Lexington, for appellee.

COOPER, Justice.

Appellee was indicted by the Madison County Grand Jury on charges of Criminal Attempt to Commit First-Degree Rape, Fourth-Degree Assault and Third-Degree Sexual Abuse. A jury found Appellee guilty of First-Degree Sexual Abuse as a lesser included offense of Criminal Attempt to Commit First-Degree Rape and acquitted him on the other two charges. He was sentenced to confinement in the penitentiary for one year probated for a period of three years. On...

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