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CHESER v. COM.

No. 93-CA-1823-MR.

904 S.W.2d 239 (1995)

Tonya CHESER, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 3, 1995.

Discretionary Review Denied by Supreme Court September 13, 1995.

Attorney(s) appearing for the Case

David J. Niehaus, Louisville, for appellant.

Chris Gorman, Atty. Gen. and Michael L. Harned, Asst. Atty. Gen., Frankfort, for appellee.

Before LESTER, C.J., and GARDNER and SCHRODER, JJ.

OPINION REVERSING and REMANDING

GARDNER, Judge:

Appellant, Tonya Cheser (Cheser), appeals from her first-degree manslaughter (manslaughter I) conviction in Jefferson Circuit Court. Cheser contends that the circuit court erred by not instructing the jury on the crime of concealment of the birth of an infant and on the mistake of fact defense. After carefully reviewing the record and the applicable law, this Court must reverse and remand because of...

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