Stapleton v. Commonwealth

MONTGOMERY, Judge.

Luther Stapleton, Jr. was convicted of rape and sentenced to twenty years’ imprisonment. He complains that the trial court (1) improperly refused a continuance of the trial; (2) admitted improper evidence; and (3) failed to give the whole law of the case; and (4) that the verdict is the result of passion and prejudice and is not supported by the evidence.

It is unnecessary to detail the evidence. The trial court gave an instruction based on KRS 435.090, involving carnal knowledge of a female against her will or consent, or by force. A reasonable doubt instruction also was…