Kevin B. Herp v. Commonwealth of Kentucky

OPINION OF THE COURT BY

CHIEF JUSTICE MINTON. A circuit court jury convicted Kevin Herp of two counts of first-degree sodomy and two counts of first-degree sexual abuse. The trial court sentenced him to seventy years’ imprisonment. He appeals the resulting final judgment to this court as a matter of right 1 alleging errors relating to the amendment of the indictment and the content of the jury instructions denied him a fair trial. Because we conclude the trial court abused its discretion in refusing to grant a continuance after allowing amendment of the indictment at the beginning of trial, we…