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  5. 929 S.W.2d 187 (1996)
 

COM. v. DeHAVEN

No. 94-SC-69-DG.

929 S.W.2d 187 (1996)

COMMONWEALTH of Kentucky, Appellant, v. Clayton DeHAVEN, Appellee.

Supreme Court of Kentucky.

September 26, 1996.

Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Pamela J. Murphy, David A. Sexton, Office of The Attorney General, Frankfort, for appellant.

Margaret Foley Case, Department of Public Advocacy, Frankfort, for appellee.

STEPHENS, Justice.

This appeal is from the Court of Appeals reversal of DeHaven's conviction for first degree manslaughter. The issue is whether the error in jury instructions was prejudicial and therefore requires reversal of the conviction.

The Court of Appeals reversed the conviction based upon its finding that it was an error to instruct the jury on first degree manslaughter as there was no evidence of extreme emotional disturbance [EED]. This error was...

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