Trimble v. Commonwealth

DAVIS, Commissioner.

Lloyd Trimble has been convicted of attempted rape of an eight-year-old victim and sentenced to imprisonment for fifteen years. KRS 435.080(2). On this appeal he contends that (1) the court erred in instructing the jury as to the offense of rape; (2) the court failed to give an instruction on a lesser degree of the charged offense; (3) error was committed when the court referred to a statement of an absent witness as an affidavit- rather than a deposition; (4) he was entitled to a directed verdict; and (5) the argument of the Commonwealth’s attorney was prejudicial. The…