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

Ky. Rev. Stat. § 435.025 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Death occurring as result of negligently operating motor vehicle. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1952 Ky. Acts ch. 51, sec. 1, effective June 19, 1952.

Notes of Decisions
Cited in 18 cases, 1954–1972 · leading case: Brown v. Hoblitzell, 307 S.W.2d 739 (Ky. Ct. App. 1957).
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Brown v. Hoblitzell, 307 S.W.2d 739 (Ky. Ct. App. 1957). · cites it 3× “250 (drunken driving); 70813, public drunkenness; 70813½, 70813¾, 70814, and 70814½, KRS 435.025 (negligent homicide by auto).”
Kelly v. Commonwealth, 267 S.W.2d 536 (Ky. Ct. App. 1954). · cites it 2× “An instruction was given covering the recently created offense defined by KRS 435.025 which requires only ordinary carelessness to sustain a conviction.”
Fairchild v. Commonwealth of Kentucky, 267 S.W.2d 528 (Ky. Ct. App. 1954). · cites it 3× “At its 1952 Session the General Assembly passed KRS 435.025, which provides : “Any person who, by negligent operation of a motor vehicle, causes the death of another, under circumstances not otherwise punishable as a homicide, shall be imprisoned in the county jail1 for not more…”
Owens v. Commonwealth, 487 S.W.2d 897 (Ky. Ct. App. 1972). · cites it 2× “The court also instructed the jury under KRS 435.025, negligent homicide with an automobile.”
Monson v. Commonwealth, 294 S.W.2d 78 (Ky. Ct. App. 1956). · cites it 2× “Since the Marye case and the enactment of KRS 435.025, the negligent homicide statute, doubt has been expressed as to whether an instruction on accidental killing by auto is proper.”
Stephens v. Commonwealth, 356 S.W.2d 586 (Ky. Ct. App. 1962). “The third degree is the statutory crime of negligent homicide, KRS 435.025, based on ordinary negligence.”
Smith v. Commonwealth, 282 S.W.2d 840 (Ky. Ct. App. 1955). “Another instruction submitted the question of guilt in having done so “carelessly and negligently” with the accompanying penalty described by KRS 435.025. Error is claimed in the admission of the testimony of John Grigsby.”
Ross v. Commonwealth, 275 S.W.2d 424 (Ky. Ct. App. 1955). · cites it 2× “Appellant also insists that the trial court erred in failing to give an instruction under KRS 435.025. In the case before us, the trial judge gave an instruction on voluntary manslaughter and an.”
Jordan v. Commonwealth, 371 S.W.2d 632 (Ky. Ct. App. 1963). · cites it 2× “The cases were tried together by agreement, and in each case appellant was found guilty of the lesser offense of negligent homicide, KRS 435.025, and sentenced to the maximum penalty of one year in jail.”
Fugate v. Commonwealth, 445 S.W.2d 675 (Ky. Ct. App. 1969). · cites it 8× “Before 1962 there were three degrees of unintentional homicide by negligent operation of a motor vehicle: (1) voluntary manslaughter by "reckless and wanton" conduct; (2) involuntary manslaughter by gross negligence; and (3) the statutory crime of homicide by ordinary…”
Edwards v. Commonwealth, 276 S.W.2d 445 (Ky. Ct. App. 1955). · cites it 6× “From the judgment of the court he appeals, urging that the case should be reversed upon four grounds: (1) the court erred in failing to’ instruct the jury under KRS 435.025; (2) the court erred in failing to give the jury a concrete affirmative instruction embodying the…”
Casey v. Commonwealth, 313 S.W.2d 276 (Ky. Ct. App. 1958). “Thereafter, in 1952, the Legislature enacted what is now KRS 435.025 defining an offense of negligent homicide by operation of a motor vehicle, which is supplementary to voluntary and involuntary manslaughter.”
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