HOUSTON v. COMMONWEALTH


554 S.W.2d 89 (1977)

Matthew K. HOUSTON and Carl Houston, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied August 12, 1977.


Attorney(s) appearing for the Case

Henry E. Hughes, Thomas H. Burnett, Henry S. Johnson, Lexington, for appellants.

Robert F. Stephens, Atty. Gen. by Miles H. Franklin, Asst. Atty. Gen., Frankfort, for appellee.

Before HAYES, HOWARD and WINTERSHEIMER, JJ.


HAYES, Judge.

Matthew K. Houston and his father, Carl, were convicted in Fayette Circuit Court of Assault (KRS 508.040) upon a Lexington, Kentucky, police officer, and each was sentenced in accordance with the jury verdict to two (2) years in the penitentiary.

The issues involved on appeal are whether there was sufficient evidence to submit the case to the jury and whether instruction designated as number eleven (11) was proper. We answer both questions in...

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