Stepp v. Commonwealth

STERNBERG, Justice.

On October 13, 1978, the Grand Jury of Lyon County, Kentucky, returned an indictment against movant for the offense of murder, a Class A felony (KRS 507.020). A two-day jury trial resulted in movant’s being found guilty of second-degree manslaughter, and his punishment was fixed at confinement in the penitentiary for a period of not less than five years. The Court of Appeals of Kentucky affirmed the judgment of the Lyon Circuit Court, and on June 17, 1980, this court granted review.

On June 16, 1978, Tom Burgess and mov-ant, Elijah L. Stepp, with other men, were working on…