Public-domain · open source
OpenJurist

390 S.W.2d 648

Kaenzig v. Commonwealth

Court of Appeals of Kentucky

Decided May 14, 1965

Court of Appeals of Kentucky · decided 1965-05-14

Cited by 2 later decisions — most recently February 1967

2 state decisions

Relies on Louisville & Jefferson County Planning & Zoning Commission v. Coin · Gordon v. Commonwealth · Stewart v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1965-05-14

View the full empirical analysis of this case →

HILL, Judge.

¶1This is an appeal from a verdict and judgment of the Fayette Circuit Court finding the appellant, Katherine Kaenzig, guilty of voluntary manslaughter and fixing her punishment at confinement in the State Penitentiary for four years.

¶2The appellant contends that in a murder prosecution, where the evidence points to self-defense, the court’s failure to give a self-defense instruction is reversible error.

¶3*649Before this argument can be considered, we must determine whether the appellant has preserved the alleged error for review. Appellant did not object to the instructions at the time, nor did she move for a new trial. In Piper v. Commonwealth of Kentucky, Ky., 387 S.W.2d 13, this Court refused to determine whether the trial court erred in failing to instruct on involuntary manslaughter since appellant did not object to the instructions at the time nor raise the question by motion and grounds for a new trial. See also Hartsock v. Commonwealth of Kentucky, Ky., 382 S.W.2d 861. Stewart v. Commonwealth of Kentucky, Ky., 389 S.W.2d 910 (rendered April 30, 1965) is directly in line with the Hartsock and Piper cases.

¶4The judgment is affirmed.

/390/sw2d/648 · .json · Public domain