Boles v. Commonwealth

DAVIS, Commissioner.

The appellant, Sherman Boles, seeks reversal of the trial court’s order denying his RCr 11.42 motion to vacate sentence. He is now imprisoned and serving a sentence of life imprisonment without privilege of parole as a consequence of his violation of KRS 435.090; (rape of female over 12 years old). It is contended that the prosecutrix was under 12 years of age at the time of the alleged offense, so that the prosecution should have been had under KRS 435.080; (rape of female under 12 years old). The statute denouncing the offense against a female under 12 (KRS 435.080)…