Wellman v. Commonwealth

GANT, Justice.

Appellant was indicted for and convicted of the murder of his mother. The verdict of the jury was rendered pursuant to KRS 504.120 and KRS 504.130, finding the appellant guilty but mentally ill at the time of the offense.

Of primary thrust on this appeal is the contention of appellant that he was entitled to a directed verdict of acquittal on the murder charge on the grounds that the verdict of the jury reflecting mental illness implicitly and necessarily constituted a finding that this appellant was acting under the influence of extreme emotional dis-trubance as set out in KRS…