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MUSE v. COM.

551 S.W.2d 564 (1977)

Kenneth Wayne MUSE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied July 1, 1977.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Timothy T. Riddell, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Mark F. Armstrong, Asst. Atty. Gen., Frankfort, for appellee.

PER CURIAM.

Kenneth Wayne Muse appeals from a judgment entered on a jury verdict finding him guilty of willful murder and fixing his punishment at life imprisonment. Muse claims that the court committed reversible error in that it failed to instruct the jury on assault in the first degree. Secondly, he asserts that the court erred to his substantial prejudice when it failed to conduct a hearing to determine his capacity to stand trial.

Muse, age 24, had been...

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