Futrell v. Commonwealth

CULLEN, Commissioner.

Gilbert Futrell appeals from a judgment sentencing him to a term of ten years’ imprisonment pursuant to a verdict finding him guilty of indulging in indecent or immoral practices with the body of a nine-year-old girl, KRS 435.105(1). His claims of error relate to the admission of evidence, the refusal to grant a continuance, and the instructions.

The girl victim identified Futrell in a line-up in the county jail, in the presence of the girl’s mother and of the sheriff, a deputy sheriff, and a deputy jailer. On ■ the trial the girl was permitted, without objection, to…