Alexander v. Commonwealth

STEPHENS, Chief Justice.

Appellant was indicted by a Jefferson County Grand Jury for the rape and sodomy of his seven year old stepdaughter, A.C. The first trial of appellant ended in mistrial. At the second trial the jury was instructed on rape in the first degree, with sexual abuse as a lesser included offense, and two counts of sodomy in the first degree. The jury found appellant guilty of rape in the first degree and guilty of one count of sodomy in the first degree. A jury poll revealed that the not guilty verdict as to the second count of sodomy was due to a failure of proof beyond a…