COM. v. DUKE

Nos. 87-SC-109-DG, 87-SC-335-DG.

750 S.W.2d 432 (1988)

COMMONWEALTH of Kentucky, Appellant, v. Joyce Marie DUKE, Appellee. Joyce Marie DUKE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

May 19, 1988.


Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., David K. Martin, Asst. Atty. Gen., Frankfort, for appellant/cross appellee.

Kathleen Kallaher, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, for appellee/cross appellant.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the conviction of manslaughter in the second degree and a sentence of five years.

The principal issue is whether the Court of Appeals erred in determining that the challenge by Duke to the self-protection instruction was preserved for appellate review.

The jury instructions contained two theories authorizing a second-degree manslaughter verdict. Instruction...

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