Adkins v. Commonwealth

HOWERTON, Chief Judge.

Ervin Adkins appeals from a jury verdict and judgment of the Floyd Circuit Court finding him guilty of second-degree assault. KRS 508.020. Adkins contends that the trial court erred when it refused to instruct the jury on the lesser included offense of fourth-degree assault. KRS 508.030. We find no error and affirm.

Adkins was indicted for criminal attempt to commit murder when he shot his estranged wife, Greta, three times in the legs with a .25 caliber automatic pistol. A few days before the shooting, Adkins left on a three-day hunting trip, against his wife’s wishes.…