Wallen v. Commonwealth

LEIBSON, Justice.

On February 20,1981, near Prestonsburg in Floyd County, Kentucky, Otis Lee Wal-len shot and killed Paul Mullins with a shotgun. The shooting occurred shortly after Wallen had been informed by his family that Mullins had raped Wallen’s daughter.

According to Wallen, he went looking for Mullins to ask him his version of “what had happened.” Wallen stopped his vehicle at the bottom of the driveway leading to a trailer where Mullins was located. Mullins left the trailer and started down the driveway. He was shot while still some twelve to sixteen feet away.

Appellant claimed…