Capps v. Commonwealth

STERNBERG, Justice.

The appellant, Leslie Capps, was indicted by the Fayette County Grand Jury for the offense of first-degree sodomy by engaging in deviate sexual intercourse with Billy Carol Cook, a female less than 12 years of age (KRS 510.070). He was tried and convicted on December 27, 1976, and his punishment fixed at 30 years’ imprisonment. On this appeal appellant presents three issues.

First, the appellant contends that the court abused its discretion in permitting the prosecutrix, a 5V2-year-old child, to testify. He argues that the witness was well coached by the Commonwealth, yet,…