Roney v. Commonwealth

VANCE, Justice.

The question is whether an assault with one’s fists may be considered an assault with a dangerous instrument so as to constitute assault in the first degree. K.R.S. 508.010.

Appellant was sentenced to imprisonment for 20 years upon his conviction of first-degree assault under an instruction which permitted a finding of guilt if the jury believed that he intended to cause serious physical injury to the victim by *864beating her with his fists and feet and also believed that his fists and feet were dangerous instruments.

A jury could reasonably conclude from the evidence that appellant…