Clements v. Commonwealth

STEWART, Judge.

This is an appeal from a judgment sentencing Cecil Clements to two years in the penitentiary upon a jury verdict finding him guilty of incest. See KRS 436.060.

Two questions are raised: (1) Was there sufficient evidence to sustain the verdict? (2) Does a certain portion of the testimony of a witness for the Commonwealth, noted in detail hereinafter, constitute a reversible error?

The prosecutrix, a 35-year-old daughter of appellant, testified that on the 26th or 27th of October, 1953, appellant came to her bed early in the morning four different times and attempted to have sexual…