DAY v. COM.

No. 2003-CA-001385-MR.

174 S.W.3d 496 (2004)

Doug DAY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 16, 2005.


Attorney(s) appearing for the Case

David Eucker, Assistant Public Advocate, Frankfort, KY, for appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Natalie Lewellen, Assistant Attorney General, Frankfort, KY, for appellee.

Before JOHNSON, TAYLOR, and VANMETER, Judges.


OPINION

VANMETER, Judge.

This is an appeal from a judgment entered by the Kenton Circuit Court after a jury found Doug Day guilty of rape in the first degree. The primary issue on appeal concerns the adequacy of the jury instructions. Day argues that the trial court erred in refusing to instruct the jurors that they had to find beyond a reasonable doubt that the victim did not consent to sexual intercourse. He also argues that the trial court erred...

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