ESTES v. COM.

Nos. 86-SC-756-DG, 86-SC-763-DG.

744 S.W.2d 421 (1987)

Frank ESTES, Appellant, v. COMMONWEALTH of Kentucky, Appellee. and COMMONWEALTH of Kentucky, Cross-Appellant, v. Frank ESTES, Cross-Appellee.

Supreme Court of Kentucky.

As Corrected December 17, 1987 and January 4, 1988.

Rehearing Denied March 3, 1988.


Attorney(s) appearing for the Case

James A. Maples, Monty Hall, Elizabethtown, for appellant.

David L. Armstrong, Atty. Gen., David A. Smith, Asst. Atty. Gen., Frankfort, for appellee.


LEIBSON, Justice.

In this case the principal issue is the correct application of KRS 421.210(1), which provides in pertinent part that a husband and wife may not testify "as to confidential communications ... during marriage," and provides "further, that neither [husband nor wife] may be compelled to testify for or against the other."

Frank Estes was convicted of first-degree manslaughter in the shooting death of John O'Nan, and sentenced to ten years' imprisonment...

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