Cole v. Commonwealth

COMBS, Judge.

This is an appeal from the McCracken Circuit Court. Appellant was charged with the murder of Lucius George Phill. The jury found him guilty of reckless homicide and recommended a three-year sentence.

Appellant contends that the trial court erred as a matter of law in not sustaining his motion for a mistrial. We agree and reverse.

The tragedy giving rise to this case occurred on March 30, 1983, in a combination bar and poolroom in Paducah, Kentucky. On this occasion, the decedent and the appellant had been shooting pool. During a game, decedent accousted appellant’s young nephew.…