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RONEY v. COM.

695 S.W.2d 863 (1985)

Donald R. RONEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

September 5, 1985.

Attorney(s) appearing for the Case

J. David Niehaus, Office of the Jefferson Dist. Public Defender, Louisville, for appellant.

David L. Armstrong, Atty. Gen., Christopher W. Johnson, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Justice.

The question is whether an assault with one's fists may be considered an assault with a dangerous instrument so as to constitute assault in the first degree. K.R.S. 508.010.

Appellant was sentenced to imprisonment for 20 years upon his conviction of first-degree assault under an instruction which permitted a finding of guilt if the jury believed that he intended to cause serious physical injury to the victim by

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