Commonwealth v. Chandler

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a judg ment convicting Chandler of second-degree assault and sentencing him to five years in prison.

The principal issue is whether Chandler was entitled to instructions on criminal abuse.

The Court of Appeals determined that Chandler was entitled to an instruction not only on third-degree criminal abuse, KRS 508.120, but on first and second-degree criminal abuse as well.

Chandler was charged with stabbing his 7-year-old son in the eye. This resulted in the child’s permanent blindness. On January 24,…