Faulkner v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of engaging in indecent practices with a child under fifteen years of age as denounced by KRS 435.105, and was sentenced to serve a term of three years in prison. In seeking to reverse the conviction it is urged that: The evidence does not support the verdict; the jury was not instructed upon the whole law of the case; the court erred in answering a question of a juror and in permitting prejudicial argument by the commonwealth’s attorney.

The victim of the alleged offense, who was then 12 years old, testified that, while she was swimming in a…