Kentucky Revised Statutes
Ky. Rev. Stat. § 435.180 (2026)
Repealed, effective January 1, 1975
✓ current as of May 2026
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Catchline at repeal: Shooting, wounding or cutting in sudden affray or heat and passion, without previous malice. History: Repealed 1974 Ky.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. 1242.
Notes of Decisions
Cited in 24
cases, 1943–1977 · leading case: Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977).
Jewell v. Commonwealth, 549 S.W.2d 807 (Ky. 1977). “170) in which the defendant was held not entitled to the instruction because he could have been convicted of the lesser included offense of cutting and wounding “in a sudden affray or in sudden heat and passion, without previous malice” (old KRS 435.180). We characterize this…”
Williams v. Commonwealth, 464 S.W.2d 806 (Ky. Ct. App. 1971). “They contend that the trial court erred in failing to instruct under KRS 435.180, 435.190 and 435.200 as lesser degrees of the offense charged and in failing to instruct in writing that a conviction required a unanimous verdict.”
Reed v. Commonwealth, 248 S.W.2d 911 (Ky. Ct. App. 1952). “However, in a prosecution that has its foundation upon wilful and malicious striking and wounding with a deadly weapon .with intent to kill, an instruction authorizing a conviction, if such “was done in sudden heat and passion without malice or in sudden affray”, was in reality…”
Bentley v. Commonwealth, 354 S.W.2d 495 (Ky. Ct. App. 1962). “170), the lesser offense of malicious shooting and wounding in sudden heat and passion or in a sudden affray (KRS 435.180), and the defenses of accidental' shooting and self defense.”
Stevens v. Commonwealth, 462 S.W.2d 182 (Ky. Ct. App. 1970). “The appellant contends the instructions were erroneous in that they did not require a finding that the shooting was done with intent to kill and did not submit the issue of guilt of the lesser offense of shooting in sudden affray or sudden heat and passion under KRS 435.”
Roberts v. Commonwealth, 191 S.W.2d 242 (Ky. Ct. App. 1945). “KRS 435.180. The clause is to be found also in many approved forms of instruction.”
Kelley v. Commonwealth, 187 S.W.2d 796 (Ky. Ct. App. 1945). “Also, the instructions, when' taken as a whole, emphasize and make malice the distinguishing element between the offense defined by section 435.”
Delph v. Commonwealth, 190 S.W.2d 340 (Ky. Ct. App. 1945). “been incorporated at an appropriate place in the instruction. It is also complained that instruction No.”
Small v. Commonwealth, 257 S.W.2d 906 (Ky. Ct. App. 1953). “KRS 435.180. • His motion for an appeal is sustained and the judgment is reversed on the ground of error in failing to give certain instructions.”
Helton v. Commonwealth, 244 S.W.2d 762 (Ky. Ct. App. 1951). “3 the court submitted as a lesser degree of the statutory felony the misdemeanor described in KRS 435.180, namely, shooting or cutting another in sudden affray or in sudden heat of passion without previous malice.”
Watkins v. Commonwealth, 378 S.W.2d 614 (Ky. Ct. App. 1964). “In finding him guilty of the lesser offense under KRS 435.180 the jury gave Watkins the benefit of the only reasonable doubt existing in the case.”
Sumpter v. Commonwealth, 251 S.W.2d 852 (Ky. Ct. App. 1952). “KRS 435.180. The latter instruction, under which the defendants were convicted, predicated guilt on belief beyond a *854 reasonable doubt that Ora Sumpter “in sudden affray or in sudden heat of passion, without malice, and not in her own apparent necessary self-defense and in…”
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