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SPEARS v. COM.

No. 1999-SC-0708-MR, 1999-SC-0709-MR.

30 S.W.3d 152 (2000)

Dennis Mark SPEARS, Appellant, v. COMMONWEALTH of Kentucky, Appellee. and Commonwealth of Kentucky, Cross-Appellant, v. Dennis Mark Spears, Cross-Appellee.

Supreme Court of Kentucky.

October 26, 2000.

Attorney(s) appearing for the Case

John Palombi, Jeff Fleischaker, Assistant Public Advocates, Department of Public Advocacy, Frankfort, for Dennis Mark Spears.

A.B. Chandler, III, Attorney General, Dennis W. Shepherd, Office of Attorney General, Criminal Appellate Division, Frankfort, for Commonwealth of Kentucky (1999-SC-708-MR).

A.B. Chandler, III, Attorney General, Joseph T. Bouvier, Dennis W. Shepherd, Office of Attorney General, Criminal Appellate Division, Frankfort, for Commonwealth of Kentucky (1999-SC-709-MR).

COOPER, Justice.

In the early morning hours of August 7, 1998, Appellant, Dennis Spears, shot and killed his wife, Kim Spears, who was asleep on the sofa. A Fayette Circuit Court jury found Appellant guilty of murder and he was sentenced to twenty years in prison. He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting that there was insufficient evidence to convict him of any offense other than first-degree manslaughter. The Commonwealth...

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