Collier v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of the crime of rape, and was sentenced to prison for a term of ten years. KRS 435.090. As grounds for reversal it is urged that the court erred: (1) In permitting incompetent and prejudicial rebuttal testimony to be introduced by the Commonwealth; (2) in allowing the Commonwealth to impeach its rebuttal witness; (3) in overruling appellant’s motion for continuance; (4) in making certain remarks to the jury.

In determining whether the rebuttal testimony introduced in behalf of the Commonwealth was inadmissible and prejudicial, it is necessary to…