Commonwealth v. Duke

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the conviction of manslaughter in the second degree and a sentence of five years.

The principal issue is whether the Court of Appeals erred in determining that the challenge by Duke to the self-protection instruction was preserved for appellate review.

The jury instructions contained two theories authorizing a second-degree manslaughter verdict. Instruction No. 5 related to the elements of KRS 507.040. Instruction No. 6, the self-protection instruction, was based on Palmore, Kentucky Instructions to…