Watkins v. Commonwealth

PALMORE, Judge.

In the course of a fist fight the appellant, Tollie Watkins, drew a pocket knife and inflicted two stab wounds in the chest of his adversary, Harold Bryant. He was indicted for malicious cutting and wounding with intent to kill and found guilty of the lesser offense of cutting in a sudden affray or in sudden “heat and passion,” for which the jury fixed his punishment at a fine of $250 and twelve months in jail. KRS 435.170, 180. He appeals on the following grounds:(1) Failure to instruct on the theory that by reason of a blow on the head he was not conscious of what he was…