Legal Opinion · Concurrence

Tharp v. Commonwealth

Kentucky Supreme Court

Decided December 21, 2000No. 1997-SC-1063-MRPublished

1ConcurrenceKeller, Justice

The majority opinion neglects to mention that Tharp made no objection at trial to the form of any of the trial court’s complicity to homicide instructions. In fact, the only objection made by Tharp in the trial court to any of the jury instructions was a “general objection” that the trial court should not instruct the jury regarding any offense because the evidence did not justify submission of this indietment to the jury. The appellant, therefore, did not properly preserve for review by this Court any alleged errors with respect to the trial court’s complicity to murder instructions.1…

2Cases cited7 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. United States v. GaudinSupreme Court of the United States · 1995
  3. Davis v. CommonwealthKentucky Supreme Court · 1998
  4. Ford Motor Co. v. FulkersonKentucky Supreme Court · 1991
  5. Ruehl v. HouchinCourt of Appeals of Kentucky · 1965

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