Smith v. Commonwealth

CULLEN, Commissioner.

As a result of an accident in which an automobile struck and killed a highway workman, appellant Bertie Clay Smith was convicted of involuntary manslaughter, second degree, KRS 435.022(2), and of failure to stop and render aid, KRS 189.580, 189.990(1). A judgment was entered imposing a sentence of 12 months in jail and a fine of $2,500 on the first charge, and a sentence of six months in jail and a fine of $1,000 on the second charge. Bertie Clay undertook to appeal as a matter of right from that judgment.

The Commonwealth has moved to dismiss the appeal as to the six…