Isaacs v. Commonwealth

CLAYTON, Justice.

Gene Isaacs was indicted by the Garrard Circuit Grand Jury and charged with the first-degree rape of his niece, who was then less than 12 years of age. He was subsequently found guilty following a jury trial and sentenced to confinement in the penitentiary for a period of 20 years. By this appeal he charges as error the trial court’s refusal to submit to the jury his tendered instructions on the crime of sexual abuse in the first degree and on his lack of mental capacity due to intoxication to form an intent to commit the crime.

The evidence developed at trial indicates that…