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COVINGTON v. COMMONWEALTH

481 S.W.2d 62 (1972)

Jerome COVINGTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 23, 1972.

Attorney(s) appearing for the Case

John Tim McCall, Louisville, for appellant.

John Breckinridge, Atty. Gen., Douglas E. Johnson, Sp. Asst. Atty. Gen., Frankfort, for appellee.

CULLEN, Commissioner.

Jerome Covington was indicted on charges of rape, KRS 435.090, indecent and immoral practices, KRS 435.105, and being an habitual criminal, KRS 431.090. On his motion, the trial court deferred the presentation of evidence on the habitualcriminal charge until after the jury had returned its verdict on the first two charges. The jury found him guilty on the first two charges and fixed his punishment at 15 years' imprisonment for the rape and five...

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