Hayes v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed the circuit court judgment of conviction based on a jury verdict which found Hayes guilty of reckless homicide. He was sentenced to five years in prison.

The sole issue on appeal is whether it was reversible error for the trial judge to refuse to instruct the jury on the law of self-protection where multiple aggressors acting in concert are involved and where the current Kentucky Penal Code does not address the question.

Hayes and others were robbed in the parking lot of a liquor store at gunpoint.…