Commonwealth v. Mitchell

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 appeal, the Court of Appeals reversed the conviction and remanded for a new trial. We granted discretionary review to determine…