Commonwealth v. Goforth

LEIBSON, Justice.

Respondent was convicted of sodomy in the first degree and sentenced to ten (10) years imprisonment. The charge was forcible anal intercourse committed on a sixteen year old boy. The defense was alibi.

On direct appeal to the Court of Appeals respondent raised seven issues, six of which were rejected. The Court of Appeals reversed because the trial court failed to follow the mandate of RCr 9.56(2), which forbids defining reasonable doubt:

“The instructions should not attempt to defind the term ‘reasonable doubt.’ ”

We reverse because the error was not preserved.

Apparently…