COM. v. SOUTHWOOD


623 S.W.2d 897 (1981)

COMMONWEALTH of Kentucky, Movant, v. Karen SOUTHWOOD, Respondent.

Supreme Court of Kentucky.

November 24, 1981.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen., John H. Gray, Asst. Atty. Gen., Frankfort, for movant.

Gordon T. Germain, Bertram, Moore, Hull & Germain, Monticello, for respondent.


OPINION OF THE COURT

The respondent, Karen Southwood, was convicted of assault under extreme emotional disturbance and sentenced to two years' imprisonment. KRS 508.040(2)(a). On appeal to the Court of Appeals the judgment was reversed on the single ground that the instruction on her defense of insanity included the statement that the law presumes every man sane until the contrary is shown by the evidence. This court granted review.

In Mason v. Commonwealth...

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