Lambert v. Commonwealth

MOREMEN, Judge.

Appellant, Eugene Lambert, was indicted for murder, found guilty of voluntary manslaughter, and sentenced to twenty-one years’ imprisonment. Instructions were given on murder, voluntary manslaughter, self-defense, reasonable doubt as to guilt, and reasonable doubt as to the degree of the offense.

Appellant contends that the trial court committed reversible error by failing to submit to the jury an instruction on involuntary manslaughter under KRS 435.022 which became effective a few days before the alleged offense occurred.

The propriety of the instructions can be tested only by…