Houston v. Commonwealth

I dissent from that part of the majority opinion which concerns appellant’s claim of error which arising from the trial court’s failure to instruct the jury on the lesser included offense of criminal facilitation. Criminal facilitation is defined at KRS 506.080:(1)A person is guilty of criminal facilitation when, acting with knowledge that another person is committing or intends to commit a crime, he engages in conduct which knowingly provides such person with means or opportunity for the commission of the crime and which in fact aids such person to commit the crime.

Criminal facilitation is a…