Johnson v. Commonwealth

EMBERTON, Judge.

The appellant, Carlos Elzy Johnson, was convicted of first-degree assault and sentenced to ten years in the penitentiary after allegedly beating, squeezing and dropping his two-month-old son causing him serious injury. On appeal, Johnson alleges: (1) that his hand is not a dangerous instrument as defined under Ky.Rev.Stat. (KRS) 500.080(3); (2) that the evidence was insufficient to show that the child suffered “serious physical injury” as defined under KRS 500.080(15); and (3) that under the facts, he was entitled to an instruction on criminal abuse in the first, second and…