Legal Opinion

Asher v. Commonwealth

Court of Appeals of Kentucky

Decided November 19, 1971PublishedCited by 1 opinion

1Opinion of the Court

NEIKIRK, Judge.

Patrick Asher was convicted in the Leslie Circuit Court of carrying a concealed deadly weapon and sentenced to two years in the state reformatory. KRS 435.230. Asher appeals. We affirm.

Appellant contends (1) that the trial court committed reversible error in instructing the jury that the butcher knife introduced into evidence was a deadly weapon and (2) that the trial court should have given an affirmative instruction on the appellant’s theory of the case.

The trial court instructed the jury as follows:

“1. If the jury believe from all the evidence in the case, to the exclusion…

2Cases cited2 opinions

  1. Montgomery v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
  2. Mason v. CommonwealthCourt of Appeals of Kentucky · 1965

3Cited by1 opinion

  1. United States v. William Thomas DalpiazCourt of Appeals for the Sixth Circuit · 1974

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