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ROSTON v. COM.

724 S.W.2d 221 (1986)

Ernie William ROSTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 7, 1986.

Discretionary Review Denied by Supreme Court March 4, 1987.

Attorney(s) appearing for the Case

J. David Niehaus, Deputy Appellate Defender of the Jeff. Dist. Public Def., Daniel T. Goyette, Jefferson Dist. Public Def., Louisville, for appellant.

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

Before DYCHE, HOWARD and LESTER, JJ.

HOWARD, Judge.

In this case, the appellant appeals from his conviction of manslaughter in the second degree.

The appellant was charged with shooting and killing Josephine McCray on December 23, 1984. The shooting occurred at approximately 4:30 a.m. in the parking lot of King's Fast Foods in Louisville, Kentucky. A verbal dispute broke out between the appellant and McCray at King's drive-thru window. This dispute carried over to the parking lot. The appellant...

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