GANT, Judge.
Appellant was convicted of second degree assault and sentenced to confinement for 10 years as a persistent felony offender. The sole issue before us is whether it was error to refuse a tendered instruction under KRS 508.040 on assault under extreme emotional disturbance.
The incident which formed the basis for this conviction began on a day when appellant had been to court for trial on another matter. Returning home, appellant stretched out across...
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