BURTON v. COMMONWEALTH


262 S.W.2d 190 (1953)

BURTON v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 6, 1953.


Attorney(s) appearing for the Case

Milliken & Milliken, Bowling Green, for appellant.

J. D. Buckman, Jr., Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., William H. Natcher, Bowling Green, for appellee.


CAMMACK, Justice.

Elmo Smith Burton was convicted of voluntary manslaughter and sentenced to two years in prison. On this appeal he asks that the judgment be reversed because the court erred in failing to give an appropriate instruction on self-defense as the counterpart of the instruction on involuntary manslaughter. He relies upon the case of Sikes v. Commonwealth, 304 Ky. 429, 200 S.W.2d 956. That case is controlling here, for the reasons hereinafter discussed...

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