Thacker v. Commonwealth

CULLEN, Commissioner.

Lenoral Thacker is appealing from a judgment which sentenced him to life imprisonment pursuant to a verdict finding him guilty of committing rape upon a child under 12 years of age, KRS 435.080(1). The statute provides only two alternative penalties, one being life imprisonment and the other death. The appellant’s contentions are that (1) his njotion for a new trial on the ground of newly discovered evidence should have been sustained; (2) he was entitled either to a directed verdict of not guilty or to an instruction on attempted rape, because the Commonwealth • did not…