Lowery v. Commonwealth

LUKOWSKY, Justice.

Lowery was indicted and tried in the Fayette Circuit Court for the crime of murder. He claimed self-defense. The jury was unimpressed. It found him guilty and fixed his punishment at life imprisonment. Being understandably discontented with that prospect, he appeals. We affirm.

The sole question presented by this appeal is whether a prior consistent statement may be used by the prosecution to rehabilitate the testimony of a witness after the defense established on cross-examination that shortly before taking the stand the witness had been drinking and had been locked up for…