Malone v. Commonwealth

CLAYTON, Justice.

Appellant was convicted by a jury in Jefferson Circuit Court of first degree rape (KRS 510.040(l)(a)), first degree sodomy (KRS 510.070(l)(a)), and being a persistent felony offender in the second degree (KRS 532.080). Punishment was fixed at life imprisonment. Appellant now appeals as a matter of right, raising three assignments of error. We see only one issue which warrants discussion and summarily dismiss the others as being without merit.

The issue presented by this appeal is whether the trial court erred when it refused to instruct the jury that voluntary intoxication is…