Hogue v. Commonwealth

Opinion op the Court by

Judge Sims

Reversing.

Appellant, Shirley Lee Hogue, was convicted of forcibly raping Rosetta Gooch and his punishment was fixed at confinement in the penitentiary for 10 years (KRS 435.090). He asks that the judgment be reversed on two grounds: (a) that the verdict is flagrantly against the evidence; (b) the court did not instruct on the whole law of the case.

Rosetta testified that she was 17 years of age at the time the offense was committed and that she had met appellant for the first time when she was introduced to him by Stanley Blair in Danville about 7 o’clock on…