McIntyre v. Commonwealth

MCDONALD, Judge:

This is an appeal of a conviction for rape in the first degree attendant with a 10-year prison sentence.

On May 11, 1982, Marlene Thornton, now Carter, was raped by Richard McIntyre, as the jury so believed. There was substantial evidence to support the conviction.

The evidence presented at trial showed that Ms. Carter was employed at a Save Mart Service Station in West Russell, Kentucky, where she worked behind the deli counter and cash register. Some time between 2:00 and 2:30 a.m., the appellant, Richard McIntyre, entered the store and told the victim to wait on others…