Rose v. Commonwealth

MONTGOMERY, Judge.

Wayne Rose was convicted of maliciously and willfully cutting and wounding Hansel Clemmons with the intent to kill in violation of KRS 435.170(2). He was sentenced to two years’ confinement. He urges on appeal that he was entitled to an instruction that he was too drunk to possess the specific intent required under the statute.

Clemmons testified that appellant started a fight with him, stabbed him three times in the chest with a knife, and appeared to be drinking. There had been no previous trouble between them. Other witnesses testified that appellant appeared to be drunk…