Cook v. Commonwealth

WILLIAMS, Judge.

The appellant, Roy Cook, was tried in the Muhlenberg Circuit Court, convicted of rape and sentenced to 20 years in the State penitentiary. He now prosecutes an appeal from the judgment pronounced upon the verdict.

The first ground alleged for reversal is the failure of the Commonwealth to elect whether to prosecute on attempted rape or on rápe. This ground was not mentioned .in the motion and grounds for a new trial, and this Court will not consider it for that reason. Lair v. Commonwealth, Ky., 330 S.W.2d 938.

Other grounds relied upon by appellant, except the one hereinafter…