Messmear v. Commonwealth

DAVIS, Commissioner.

Thomas Charles Messmear was found guilty by a jury of violation of KRS 436.-060 (incest). Indictment was in three counts, charging that the defendant had carnal knowledge of his own child, Patricia M. Bailey, knowing that he was her father, on or about May 2, May 23, and August 11, 1970. The jury fixed his penalty at imprisonment for five years on each of the counts. On this appeal Messmear presents two claims of error, asserting that (1) incompetent evidence was admitted, and (2) the Commonwealth’s attorney made improper argument.

The prosecutrix, now married to Alvin…