Barbour v. Commonwealth

REYNOLDS, Justice.

The appellant was convicted of wanton murder and sentenced to confinement for a period of 30 years.

The principal question on appeal is whether a wanton murder instruction should have been given.

Appellant and the victim (Palmer) had a verbal encounter near a downtown Lexington bar which developed into a physical altercation. Appellant drew a knife which he stated was for self-protection. He.emphasized that he only intended to stick the victim and did not intend to kill him.

The trial court instructed on a full range of homicide offenses: murder, both intentional and wanton;…