Mash v. Commonwealth
Annotate this CaseAppellant Billy Mash was convicted in the circuit court of one count of first-degree sodomy and was sentenced to twenty years' imprisonment. The Supreme Court affirmed, holding that the trial court did not err by (1) denying Appellant's motion to set aside the jury panel and set a new trial, as Appellant did not establish a prima facie violation of the fair cross-section of the community requirement; (2) allowing the Commonwealth to use a peremptory strike against the one African-American juror on the panel, as the trial court conducted the proper analysis under Batson v. Kentucky; (3) denying Appellant's motion for a directed verdict, as there was sufficient evidence to support the conviction; and (4) denying Appellant's request for an instruction on the lesser included offense of sexual abuse in the first degree, as there was no evidentiary foundation for an instruction on sexual abuse.
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