JOHNSON v. COMMONWEALTH


264 S.W.2d 281 (1954)

JOHNSON v. COMMONWEALTH.

Court of Appeals of Kentucky.

January 29, 1954.


Attorney(s) appearing for the Case

N. E. Frey, Elkton, for appellant.

J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., H. G. Davis, Elkton, for appellee.


DUNCAN, Justice.

Appellant, seventy-five years of age, shot and killed her husband, Kelly Johnson, forty-one years of age. Upon her trial, she was convicted of voluntary manslaughter and sentenced to three years in the penitentiary. The only question on the appeal concerns the failure of the trial court to give an instruction on self-defense.

On Sunday, December 17, 1950, appellant had spent most of the day at the home of her brother-in-law, Robert Johnson...

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