SIZEMORE v. COM.

No. 90-SC-599-MR.

844 S.W.2d 397 (1992)

Donald SIZEMORE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied February 18, 1993.


Attorney(s) appearing for the Case

Anna H. Isaacs, Appellate Public Advocate, Sadieville, for appellant.

Chris Gorman, Atty. Gen., Todd D. Ferguson, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.


WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Sizemore of wanton murder and sentenced him to 50 years in prison for the murder of his brother.

The questions presented are whether the defendant was denied a fair trial by the refusal of the trial judge to instruct the jury on the defense of justification; whether it was reversible error for the trial judge to exclude certain alleged competent evidence and to admit...

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