Baker v. Commonwealth

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 unreasonable. K.R.S. 503.120.

Appellant, Bobby Scott Baker, was convicted by a jury in the Jefferson Circuit Court for the murder of his former wife, Vivian Ann Baker. He was sentenced to 20 years in prison.

Baker and Vivian had a stormy marriage, which ended in divorce. They…