Carter v. Commonwealth

STEWART, Judge.

James Carter was convicted of rape in the Boyd Circuit Court and sentenced to 15 years’ imprisonment. He appeals from the judgment pronounced on him, urging six grounds for reversal. We conclude one of these grounds has merit, namely, that which claims the lower court erred preju-dicially when it failed to instruct on a lesser degree of the offense charged. We shall therefore confine this opinion to this error, believing none of the other alleged errors claimed to have been committed by the lower court will recur at another trial.

It is necessary to set forth only one factual…