Commonwealth v. Potts

SPAIN, Justice.

Appellee, Phillip J. Potts, was sentenced to imprisonment for five years following his conviction by a Jefferson County jury for second-degree assault. Upon appeal, the Court of Appeals reversed and remanded in a 2-1 decision, based upon the trial court’s refusal to instruct the jury on the lesser-included offense of fourth-degree assault, pursuant to the instruction tendered by Potts. Finding no error on the part of the trial court, we reverse the Court of Appeals and reinstate the judgment and sentence.

On June 13, 1991, 1 Phillip Potts went to his girlfriend’s residence in…