Fain v. Commonwealth

Opinion

WILLIS, J.

Ronald Dale Fain was convicted by a jury of second degree murder of Buddy Montgomery and of using a firearm in the commission of that murder. Fain testified that the shooting was accidental. On cross-examination he was asked why he had not given that explanation to the police officers and other witnesses when the case was being investigated. He moved for a mistrial, contending that this violated his constitutional right against self-incrimination. He appeals the denial of that motion. Upon review, we find no error and affirm the convictions.

On November 3, 1987, an argument…