Day v. Commonwealth

OPINION

VANMETER, Judge.

This is an appeal from a judgment entered by the Kenton Circuit Court after a jury found Doug Day guilty of rape in the first degree. The primary issue on appeal concerns the adequacy of the jury instructions. Day argues that the trial court erred in refusing to instruct the jurors that they had to find beyond a reasonable doubt that the victim did not consent to sexual intercourse. He also argues that the trial court erred in failing to give an instruction regarding the lesser-included offense of sexual abuse. Day’s other claims are that he was denied a fair trial when…