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SMITH v. COM.

No. 86-SC-43-MR.

737 S.W.2d 683 (1987)

Bill Dee SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied November 5, 1987.

Attorney(s) appearing for the Case

Daniel T. Goyette, Jefferson Dist. Public Defender, Frank W. Heft, Jr., Louisville, for appellant.

David L. Armstrong, Atty. Gen., Gerald Henry, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Justice.

The appellant was convicted of wanton murder and sentenced to imprisonment for a period of 25 years. He claims on appeal that there was no evidence of wantonness and that the trial court erred by giving an instruction on wanton murder. He further claims that the trial court erred in refusing to instruct on first-degree manslaughter.

The victim, Bill Dupin, was shot and killed in a deserted spot underneath...

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