Thornton v. Commonwealth

Opinion of the Court by

Justice VENTERS.

Appellant, Anthony Thornton, appeals from a judgment of the Jefferson Circuit Court convicting him of third-degree assault, third-degree criminal mischief, and being a first-degree persistent felony offender, and sentencing him to twenty years’ imprisonment.

As grounds for relief Appellant contends that (1) palpable error occurred when the trial court failed to instruct the jury consistently with KRS 501.030, which requires that to be found guilty of a criminal offense the defendant must have engaged in a voluntary act which he was physically capable of…