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MASON v. COMMONWEALTH

423 S.W.2d 532 (1967)

Rex MASON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied February 23, 1968.

Attorney(s) appearing for the Case

William E. Scent, David R. Reed, Jr., Reed, Scent & Reed, Paducah, for appellant.

Robert Matthews, Atty. Gen., Howard E. Trent, Jr., Asst. Atty. Gen., Frankfort, L. M. Tipton Reed, Mayfield, for appellee.

STEINFELD, Judge.

Mason was found guilty of manslaughter in the second degree (KRS 435.022(2) and his punishment was fixed at confinement in the county jail for 12 months. Mason makes no contention that he could not be found guilty of involuntary manslaughter when he committed an assault. He admits that the evidence was sufficient to support a finding that he was guilty of assault and battery, but he contends that it was insufficient to sustain the finding that he...

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