Martin v. Commonwealth

PALMORE, Chief Justice.

The appellant, Isadore Martin, shot and killed one Augustine Redden in an argument arising in the course of a crap game. He was indicted for murder and upon trial was convicted of the lesser crime of involuntary manslaughter in the first degree and sentenced to three years’ imprisonment. KRS 435.022(1). He appeals, contending that (1) he was entitled to a directed verdict of acquittal and (2) the evidence did not justify instructions on involuntary manslaughter.

It was substantially uncontradicted that Redden, a much larger and more powerful man than Martin, had knocked…