Hendricks v. Commonwealth

STERNBERG, Justice.

On December 18, 1975, at about 7:30 p. m., the appellant shot and killed his wife Barbara. On March 11, 1976, he was convicted of first degree manslaughter (KRS 507.030) and sentenced to 20 years’ imprisonment. His sole defense was that the killing was the result of an accident which occurred while he was cleaning his pistol. The issues raised on this appeal, as taken from appellant’s brief, are as follows:

“1. Whether the trial court erred in refusing to instruct the jury on the appellant’s sole defense, to wit: accidental killing, thereby prejudicing the substantial rights…