RUSSELL v. COM.


720 S.W.2d 347 (1986)

Gerald W. RUSSELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 10, 1986.


Attorney(s) appearing for the Case

Michael Palermo, Fayette County Legal Aid, Inc., Lexington, for appellant.

David L. Armstrong, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for appellee.

Before DYCHE, HOWARD and WILHOIT, JJ.


DYCHE, Judge.

Gerald Russell shot Darin George twice with a pistol following an altercation between the two; he was convicted of assault, second degree, by a jury in the Fayette Circuit Court, and received a five-year prison sentence. He now brings this appeal, making two assignments of error.

He first claims that the trial court committed error by instructing the jury on assault, first degree, since the Commonwealth failed to prove that the victim received...

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