Cheser v. Commonwealth

OPINION REVERSING and REMANDING

GARDNER, Judge:

Appellant, Tonya Cheser (Cheser), appeals from her first-degree manslaughter (manslaughter I) conviction in Jefferson Circuit Court. Cheser contends that the circuit court erred by not instructing the jury on the crime of concealment of the birth of an infant and on the mistake of fact defense. After carefully reviewing the record and the applicable law, this Court must reverse and remand because of the circuit court’s failure to instruct the jury on the mistake of fact defense.

The events leading to Cheser’s indictment and conviction occurred on…