Lewis v. Commonwealth

STEWART, Chief Justice.

Appellant, Jack Lewis, was convicted in the Perry Circuit Court for the crime of rape on a female over 12 years of age, an offense denounced by KRS 435.090. The punishment inflicted by the jury was confinement in the penitentiary for a period of ten years. Appellant has appealed, urging two grounds for reversal: (1) The verdict is not supported by the evidence, and (2) the court failed to instruct on the whole law of the case.

Wilma Whitaker, age 13, the victim of the assault, testified that she and her sister, Ollie Mae Whitaker, age 14, were walking along the road the…