alibi defense in Kentucky

2023He avers that his attorney was aware of the alibi defense, but 3 Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L.

2023He avers that his attorney was aware of the alibi defense, but 3 Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L.

1978Although Harris used an alibi for a defense, the court nevertheless concluded that under the evidence presented in the case, it would be as reasonable to infer that he was as likely to be guilty of voluntary manslaughter as he was guilty of murder. *339 Martin, supra, holds that it is the duty of a trial court to instruct a jury on a lesser included offense when it is requested, and when it is justified by the evidence.

1978Trimble, supra, cited Harris v. Commonwealth, Ky., 389 S.W.2d 907 (1965), where a murder conviction was reversed for failure of the trial court to give an instruction on voluntary manslaughter although the defendant tried to establish an alibi defense.

1978Trimble, supra, cited Harris v. Commonwealth, Ky., 389 S.W.2d 907 (1965), where a murder conviction was reversed for failure of the trial court to give an instruction on voluntary manslaughter although the defendant tried to establish an alibi defense.

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1971These are Logsdon v. Commonwealth, 215 Ky. 707 , 286 S.W. 1067 (1926); Page v. Commonwealth, 219 Ky. 151 , 292 S.W. 741 (1927); Blankenship v. Commonwealth, 234 Ky. 531 , 28 S.W.2d 774 (1930); and Sanders v. Commonwealth, Ky., 269 S.W.2d 208 (1954).

1961It seems to us, however, that although the accused may deny all participation in the crime, yet, if there be evidence-establishing his guilt, and other evidence, whether introduced by the commonwealth or the accused, tending to-show facts from which the jury might, reasonably infer that the accused acted in self-defense, or in sudden heat and passion, or in sudden affray and without previous malice, these phases of the case should be presented to the jury by appropriate instructions. * * * » See also Marcum v. Commonwealth, 305-Ky. 92, 202 S.W.2d 1012 , where Marcum relied upon an alibi as a d