Toncray v. Commonwealth

Opinion op the Court by

Judge Ratlipp

Reversing.

This is the second appeal of this case. See Toncray v. Commonwealth, 291 Ky. 471, 165 S. W. (2d) 8, 10, for a statement of the facts which are substantially as in the present record. Upon a retrial of the case Toncray was again convicted and sentenced to six years in the state reformatory. He has appealed, insisting on a reversal of the judgment upon two grounds; (1) That the instruction qualifying the self-defense instruction by which the jury was instructed, in substance, that if Toncray. was the aggressor he could not justify the homicide on…