Hart v. Commonwealth

REYNOLDS, Judge.

This appeal is from the judgment and sentence of Jefferson Circuit Court entered upon a jury verdict finding Daniel Thomas Hart guilty of unlawful imprisonment in the second degree and fixing punishment at jail confinement for 12 months and a $500 fine. Hart seeks reversal of his conviction on the grounds that the trial court improp*553erly refused to give a jury instruction on harassment as a lesser included offense of first-degree unlawful imprisonment and accepted the guilty verdict under the instruction on second-degree unlawful imprisonment under circumstances suggesting that…