Lee v. Commonwealth

Van Sant, Commissioner

Affirming.

The evidence on the second trial, at the conclusion of which the judgment herein appealed from was entered, substantially conforms to that set out in the opinion in the first appeal, Lee v. Commonwealth, 305 Ky. 734, 205 S. W. 2d 509. As explained in that opinion, the judgment was reversed because the court failed to extend appellant’s right of self defense against impending danger to his life or limb at the hands of Clarence Angel, the stepson of the deceased, as well as the deceased. On the second trial, the court instructed the jury as follows: “If the jury…