BARNES v. COM.

No. 2011-SC-000325-DG.

410 S.W.3d 584 (2013)

Darby Ashley BARNES, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 26, 2013.


Attorney(s) appearing for the Case

V. Gene Lewter , Department of Public Advocacy, Assistant Public Advocate, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, David Bryan Abner , Assistant Attorney General, Office of Criminal Appeals, Office of the

Attorney General, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice CUNNINGHAM.

In the late evening before dark on May 24, 2009, Katherine Manning went to the home of her friends, Denny and Graziella Van Der Westhuyzen, at 417 Lakeshore Drive in Lexington, Kentucky. Her friends were out of town and had requested Manning to generally look after the house and, more especially, to water the plants on the outside of the house and to feed the cats. Her routine was to go twice daily, once in the morning and...

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