Burch v. Commonwealth

STEPHENSON, Justice.

The appellant, Hershel Burch, was indicted, tried by jury, and convicted of the murder of his 17-year-old stepson. He was sentenced to life imprisonment. We affirm.

Burch was convicted and sentenced in 1973 and appeal was not perfected. After two RCr 11.42 motions were denied, the United States District Court for the Eastern District of Kentucky granted a conditional writ of habeas corpus giving the trial court an opportunity to grant Burch a belated appeal, which was done.

On the trial of the case, Burch’s wife testified that Keith Gabbard, the deceased who was her son and…