COLE v. COM.


686 S.W.2d 829 (1985)

Julius Lee COLE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied and Case Ordered Published by Supreme Court April 4, 1985.


Attorney(s) appearing for the Case

Patterson DeCamp, Appellate Public Advocate, Lexington, for appellant.

David L. Armstrong, Atty. Gen., W. Bruce Cowden, Jr. Asst. Atty. Gen., Frankfort, for appellee.

Before COMBS, MILLER and WHITE, JJ.


COMBS, Judge.

This is an appeal from the McCracken Circuit Court. Appellant was charged with the murder of Lucius George Phill. The jury found him guilty of reckless homicide and recommended a three-year sentence.

Appellant contends that the trial court erred as a matter of law in not sustaining his motion for a mistrial. We agree and reverse.

The tragedy giving rise to this case occurred on March 30, 1983...

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