Rollyson v. Commonwealth

CULLEN, Commissioner.

Calvin Rollyson was found guilty of common law rape of a 16-year-old girl, and the jury imposed a sentence of 10 years’ imprisonment, which is the minimum penalty under the statute, KRS 435.090. He appeals from the judgment entered on the verdict.

We find merit in one of the grounds of error asserted, which relates to the asking of improper questions on cross examination by a special assistant prosecutor.

The defense was an alibi; and the defendant took the stand to testify in support of this defense. On cross examination, the prosecutor asked this question: “Have you ever…