Moore v. Commonwealth

Court of Appeals of Kentucky

Moore v. Commonwealth

523 S.W.2d 635, 1975 Ky. LEXIS 121

CourtCourt of Appeals of Kentucky

DecidedApril 25, 1975

StatusPublished

Cited by5 cases

This text of 523 S.W.2d 635 (Moore v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. Commonwealth, 523 S.W.2d 635, 1975 Ky. LEXIS 121 (Ky. Ct. App. 1975).

Pincite

Opinion

GARDNER, Commissioner.

Alton Moore, Jr. and Edward Earl Stover were convicted of the rape of three young girls, and sentenced to life imprisonment without privilege of parole in each case. Moore was convicted also of detaining another girl for the purpose of having carnal knowledge of her and was sentenced to seven years’ imprisonment. Separate appeals were filed.

The court has carefully considered each of the assignments of error and is of the opinion that no prejudicial error was committed by the trial court. Since one of the assignments of error, namely, that the trial was conducted in Jefferson County when the rape, if any, occurred in Oldham County, presents an issue which this court has never directly ruled on, we believe it advisable to discuss the question briefly.

According to one of the victims, appellants abducted the victim in Jefferson County and took her to Oldham County where they forced her to have sexual intercourse with them. KRS 452.550 provides : “Where an offense is committed partly in one and partly in another county, or if acts and their effects constituting an offense occur in different c-ounties, the prosecution may be in either county in which any of such acts occurs(Emphasis added.) The initial abduction was a sequential part of carrying out the purpose of having carnal knowledge of their victim. Accordingly venue was in either Jefferson County or Oldham County.

The judgment is affirmed.

All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

GARDNER, Commissioner.

Alton Moore, Jr. and Edward Earl Stover were convicted of the rape of three young girls, and sentenced to life imprisonment without privilege of parole in each case. Moore was convicted also of detaining another girl for the purpose of having carnal knowledge of her and was sentenced to seven years’ imprisonment. Separate appeals were filed.

The court has carefully considered each of the assignments of error and is of the opinion that no prejudicial error was committed by the trial court. Since one of the assignments of error, namely, that the trial was conducted in Jefferson County when the rape, if any, occurred in Oldham County, presents an issue which this court has never directly ruled on, we believe it advisable to discuss the question briefly.

According to one of the victims, appellants abducted the victim in Jefferson County and took her to Oldham County where they forced her to have sexual intercourse with them. KRS 452.550 provides : “Where an offense is committed partly in one and partly in another county, or if acts and their effects constituting an offense occur in different c-ounties, the prosecution may be in either county in which any of such acts occurs(Emphasis added.) The initial abduction was a sequential part of carrying out the purpose of having carnal knowledge of their victim. Accordingly venue was in either Jefferson County or Oldham County.

The judgment is affirmed.

All concur.

Cite This Page — Counsel Stack

Bluebook (online)

523 S.W.2d 635, 1975 Ky. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-commonwealth-kyctapp-1975.

Opinion

Related

Cite This Page — Counsel Stack