Baker v. Commonwealth

I also vote to affirm the judgment of the Madison Circuit Court, but I write separately because I disagree with Part *95III, in which the majority addresses Appellant’s argument that the trial court’s jury instructions erroneously broadened the allegations in the indictment. Although, the majority “find[s] no error in the instructions,”1 I would hold that the discrepancies between the indictment and instructions constituted an error, but one that was harmless in this case. In my view, Appellant has not demonstrated that the indictment, which charged him with “inducing [J.R.] ... to expose, in an…