Houston v. Commonwealth

HAYES, Judge.

Matthew K. Houston and his father, Carl, were convicted in Fayette Circuit Court of Assault (KRS 508.040) upon a Lexington, Kentucky, police officer, and each was sentenced in accordance with the jury verdict to two (2) years in the penitentiary.

The issues involved on appeal are whether there was sufficient evidence to submit the case to the jury and whether instruction designated as number eleven (11) was proper. We answer both questions in the affirmative and affirm the judgment.

The appellant, Carl Houston, Jr., is a cattle rancher with a 560 acre farm in Fa-yette County. After…