Parsley v. Commonwealth

WADDILL, Commissioner.

Appellant, Gene Parsley, was convicted of rape and was sentenced to imprisonment for life. This is the second appeal of this case. On the former appeal the judgment of conviction was reversed because the Commonwealth’s Attorney was permitted to make an improper and prejudicial argument to the jury. Parsley v. Commonwealth, Ky., 306 S.W.2d 284.

On the instant appeal it is contended that the court erred in: (1) Overruling the petition for change of venue; (2) admitting incompetent evidence; (3) instructing the jury; (4) overruling the motion for a new trial.

According to the…