Patrick v. Commonwealth

PALMORE, Judge.

W. R. Patrick, Jr., appeals from a judgment sentencing him to ten years’ imprisonment pursuant to a verdict finding him guilty of raping his 14-year old niece, Jean Ann Stamper. KRS 435.090.

According to Jean Ann, the offense took place some time during the month of February, 1967, at the home of her grandfather, W. R. Stamper, Sr., in the Argil-lite community of Greenup County. The grandfather was then 82 years of age, lived alone, was in poor health, and was suffering from the shingles. Because of his condition he was not left alone at night, and either Jean Ann or her older…