Smith v. Commonwealth

COMBS, Justice.

Appellant was convicted in the Jefferson Circuit Court of wanton murder and first-*267degree burglary, and sentenced to thirty-five years in prison.

In seeking a reversal he assigns several errors. A brief summary of the evidence is necessary in order to treat and dispose of his various contentions.

Someone broke into Margaret Cecil’s apartment on the morning of September 22, 1987, armed with a .410 gauge shotgun. The intruder shot and killed Cecil’s boyfriend, Michael Foley.

Appellant, Cecil’s former boyfriend, arrived at a bar between 2:10 a.m. and 2:20 a.m. and asked to use the…