Moore v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of attempting to rape an eight-year-old child and his punishment fixed at confinement in prison for five years. KRS 435.080(2). Reversal of the conviction is asked on the grounds that the court erred: In permitting the jury to hear incompetent and prejudicial testimony; in instructing the jury, and in permitting the Commonwealth’s attorney to make an improper closing argument to the jury.

When the Commonwealth called the child as a witness the appellant objected to her testifying on the ground she did not have sufficient intelligence. To test her…