ADKINS v. COM.

No. 89-CA-483-MR.

787 S.W.2d 272 (1990)

Ervin Drew ADKINS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

April 13, 1990.


Attorney(s) appearing for the Case

William M. Butler, Jr., Louisville, for appellant.

Frederic J. Cowan, Atty. Gen., Todd D. Ferguson, Asst. Atty. Gen., Frankfort, for appellee.

Before HOWERTON, C.J., and CLAYTON and McDONALD, JJ.


HOWERTON, Chief Judge.

Ervin Adkins appeals from a jury verdict and judgment of the Floyd Circuit Court finding him guilty of second-degree assault. KRS 508.020. Adkins contends that the trial court erred when it refused to instruct the jury on the lesser included offense of fourth-degree assault. KRS 508.030. We find no error and affirm.

Adkins was indicted for criminal attempt to commit murder when he shot his estranged wife, Greta, three times in the legs...

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