Harston v. Commonwealth

STEPHENSON, Justice.

Sherill D. Harston was charged with capital murder but was convicted of murder, KRS 507.020, manslaughter in the first degree, KRS 507.030, and theft by unlawful taking, KRS 514.030. He was sentenced to a term of ninety-nine years for murder, twenty years for manslaughter and five years for theft by unlawful taking. It was adjudged that the sentences be served consecutively.

Harston lived in a trailer park with Diane Marcum and her three-year-old son, Anthony. The body of Diane Marcum was discovered on January 4,1979. A detective investigated and recovered articles that had…