Tipton v. Commonwealth

CAMMACK, Chief Justice.

Berry Tipton was sentenced to five years in prison on a charge of maliciously shooting and wounding Ralph Lunsford. He asks that the judgment be reversed because (1) he was entitled to a directed verdict at the conclusion of the Commonwealth’s evidence; (2) the verdict is flagrantly against the evidence; (3) an instruction should have been given on shooting and" wounding another in sudden heat and passion, KRS 435.180; and (4) an instruction should have been given on self-defense and aiding and abetting.

Ralph Lunsford, Robert Lunsford and Elbridge Rucker, constables in…