Brown v. Commonwealth

LUKOWSKY, Justice.

Brown was convicted of first-degree manslaughter in the Lincoln Circuit Court and sentenced to imprisonment for eighteen years. The trial judge instructed on murder (KRS 507.020(1)(a) and (b)), first-degree manslaughter (KRS 507.030(1)(a) and (b)), second-degree manslaughter (KRS 507.-040(1)) and reckless homicide (KRS 507.-050(1)), and refused to instruct on the defense of voluntary intoxication. The Court of Appeals affirmed on the ground that *452when instructions include offenses requiring intent and lesser degrees thereof which, do not require intent, the effect of…