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

Ky. Rev. Stat. § 435.050 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Homicide occurring in course of striking, stabbing or shooting. History: Repealed 1974 Ky.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. 1151.

Notes of Decisions
Cited in 5 cases, 1958–1973 · leading case: Coleman v. Commonwealth, 501 S.W.2d 583 (Ky. Ct. App. 1973).
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Coleman v. Commonwealth, 501 S.W.2d 583 (Ky. Ct. App. 1973). · cites it 2× “Appellant further contends that the trial court erred in overruling his motion to amend the indictment to charge the offense defined in KRS 435.050 which is homicide occurring in the course of striking, stabbing or shooting.”
Sizemore v. Commonwealth, 347 S.W.2d 77 (Ky. Ct. App. 1961). “It is next contended that the court should have instructed on KRS 435.050, which provides as follows: “Any person who willfully strikes, stabs, thrusts, or shoots another, not intending to produce or cause his death, and not in self-defense nor in an attempt to keep and preserve…”
Wilkey v. Commonwealth, 452 S.W.2d 420 (Ky. Ct. App. 1970). “Appellant argues that he was entitled to an instruction under KRS 435.050 (wilful shooting not intending to produce death).”
Jones v. Commonwealth, 311 S.W.2d 190 (Ky. Ct. App. 1958). “Jones’ statements indicate that he intended the result produced by his shots; therefore, he was not entitled to an instruction on the offense defined in KRS 435.050 (i. e., willfully shooting, not intending to cause death).”
Faught v. Commonwealth, 467 S.W.2d 322 (Ky. Ct. App. 1970). “The statutory offense described in KRS 435.050 is not a degree embraced within the charge of murder.”
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