Thomas v. Commonwealth

GANT, Judge.

Appellant was indicted for first-degree assault as the result of a knife attack on a man he saw driving his estranged wife to work in broad daylight. The jury convicted the appellant of third-degree assault, fixing his penalty at one year in jail and a fine of $500.00. The sole ground for reversal brought to this Court was the failure of the lower court to give an instruction on extreme emotional disturbance which, pursuant to KRS 508.040, might have reduced the offense to a Class B misdemeanor with a maximum sentence of 90 days.

All the evidence which might have justified an…