THOMAS v. COM.


587 S.W.2d 264 (1979)

Allen Ray THOMAS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied October 23, 1979.


Attorney(s) appearing for the Case

Garis L. Pruitt, Ashland, for appellant.

Robert F. Stephens, Atty. Gen., Nancy S. Marksberry, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, HAYES and HOWARD, JJ.


GANT, Judge.

Appellant was indicted for first-degree assault as the result of a knife attack on a man he saw driving his estranged wife to work in broad daylight. The jury convicted the appellant of third-degree assault, fixing his penalty at one year in jail and a fine of $500.00. The sole ground for reversal brought to this Court was the failure of the lower court to give an instruction on extreme emotional disturbance which, pursuant to KRS 508.040, might have...

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