Bradley v. Commonwealth

STANLEY, Commissioner.

The testimony of Beverly Hendrix, the victim, and his companion, Myrtle Apple-gate, sustains the conviction of the appellant, Roy Bradley, of the offense of cutting another with a knife in sudden affray or heat of passion. ICRS 435.180. The testimony of the defendant’s wife shows self-defense. The defendant did not testify.

Implementing the constitutional protection against self-incrimination, KRS 455.-090 declares that failure of a defendant in a criminal prosecution to testify in his own behalf “shall not be commented upon or create any presumption against him.” In the…