Ky. Rev. Stat. » Chapter 435
Kentucky Revised Statutes

Ky. Rev. Stat. § 435.010 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Murder. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1149.

Notes of Decisions
Cited in 50 cases, 1948–2018 · leading case: Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
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Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001). · cites it 4× “KRS 435.010 (repealed 1974 Ky.Acts, ch. 406, § 336, eff.”
Witherspoon v. Illinois, 391 U.S. 510 (1968). · cites it 2× “§ 21-403 (1964); Ky. Rev. Stat. § 435.010 (1962), Ky. Rule Crim.”
St. Clair v. Commonwealth, 140 S.W.3d 510 (Ky. 2004). · cites it 2× “The clerk testified that he had certified records showing that appellant was convicted in Pike County, in 1974, of willful murder under KRS 435.010. Appellant argues that the conviction from Pike County was improperly used as an aggravator because the 1974 conviction was not…”
Thompson v. Commonwealth, 862 S.W.2d 871 (Ky. 1993). · cites it 4× “The clerk testified that he had certified records showing that appellant was convicted in Pike County, in 1974, of willful murder under KRS 435.010. [1] Appellant argues that the conviction from Pike County was improperly used as an aggravator because the 1974 conviction was not…”
Phon v. Com. of Ky., 545 S.W.3d 284 (Mo. Ct. App. 2018). “This Court determined that it was left with "no alternative save to reduce the punishment to the only lower penalty authorized by KRS 435.010, which is life imprisonment." Id.”
Andres v. United States, 333 U.S. 740 (1948). · cites it 2× “(19) Ky. Rev. Stat. Ann. §§ 435.010 and 431.130.”
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977). “180) both required intent, as did murder and voluntary manslaughter (old KRS 435.010 and 435.-020). Yet the distinction was drawn on the basis that drunkenness might eliminate malice, but not intent.”
Powell v. Commonwealth, 346 S.W.2d 731 (Ky. Ct. App. 1961). · cites it 2× “KRS 435.010; § 258, Cr.Code. After the jury had retired to consider its verdict, the defendant's attorney, Mr.”
Williams v. Commonwealth, 569 S.W.2d 139 (Ky. 1978). “§ 1149 (KRS 435.010), originally permitted imposition of the death penalty, those sections of the statutes authorizing such punishment were subsequently declared unconstitutional.”
Wiseman v. Commonwealth, 587 S.W.2d 235 (Ky. 1979). “The police responded to a call from the motel desk clerk and found the appellant clad merely in his underwear, scuffling on the balcony with another guest of the lodge.”
Caine v. Commonwealth, 491 S.W.2d 824 (Ky. Ct. App. 1973). “We construe that decision as leaving us no alternative but to reduce the punishment to the only lower penalty authorized by KRS 435.010, which is life imprisonment. The appellants argue that the trial court committed prejudicial error in instructing the jury to determine whether…”
Tinsley v. Commonwealth, 495 S.W.2d 776 (Ky. Ct. App. 1973). “This decision leaves us no alternative save to reduce the punishment to the only lower penalty authorized by KRS 435.010, which is life imprisonment. Upon the entire record we do not find any prejudicial error.”
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