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Dailey v. Com., 2001-SC-000448-MR - Not Published, Affirming -- PDF

Appellant, Charles Blaine Dailey, was convicted of murder by a Carter County jury and received a sentence of twenty years in prison . His appeal comes before this Court as a matter of right. Ky. Const. § 110(2)(b) . Appellant claims that the trial judge's failure to instruct the jury sua sponte on first-degree manslaughter with the mitigating factor of extreme emotional disturbance (EED) was palpable error. We disagree and affirm the conviction.