Baker v. Commonwealth

677 S.W.2d 876 (1984)

Bobby Scott BAKER, Appellant,

v.

COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

October 4, 1984.

Joe Martin, Jr., Louisville, for appellant.

David L. Armstrong, Atty. Gen., David K. Martin, Asst. Atty. Gen., Frankfort, for appellee.

VANCE, Justice.

The question is whether an instruction on reckless homicide (K.R.S. 507.050) should be given in a case in which the defendant kills another person believing that the force used was necessary to protect himself against the use of unlawful force by the deceased, but under circumstances where such a belief was…