Gaines v. Commonwealth

728 S.W.2d 525 (1987)

Paul GAINES, Appellant,

v.

COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 12, 1987.

Rehearing Denied May 21, 1987.

Rodney McDaniel, Asst. Public Advocate, Frankfort, for appellant.

David L. Armstrong, Atty. Gen., Elizabeth Marshall, Asst. Atty. Gen., Frankfort, for appellee.

STEPHENSON, Justice.

Paul Gaines was convicted of first-degree sodomy and sentenced to twenty years' imprisonment. He was also convicted of first-degree sexual abuse and sentenced to five years' imprisonment. We reverse.

The child involved here was four years of age. The prosecution…