# Luttrell v. Commonwealth

> Kentucky Supreme Court · June 10, 1977 · 554 S.W.2d 75

URL: https://www.frixlaw.com/law-library/cases/9638371

## Case

- **Full name:** John Richard LUTTRELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee; James Brownlow SULLIVAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** June 10, 1977
- **Citations:** 554 S.W.2d 75; 1977 Ky. LEXIS 482
- **Precedential status:** Published
- **Opinion:** Concurrence by Reed
- **Judges:** Reed, Clayton, Jones, Lukowsky, Palmore, Stephenson, Sternberg
- **Cited by:** 60 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9638371

## How later opinions describe it (automated extraction)

- holding that officer who was shot in the chest with birdshot and whose wounds were therefore superficial “suffered from his wounds [but] was not seriously injured in the statutory sense”
- holding trial court should have given lesser-included offense instruction where a reasonable juror could conclude arrestee shot police officer not to kill him but rather only to injure him and thereby effect an escape
- holding that while a gunshot victim “suffered from his wounds[,] he was not seriously injured in the statutory sense”
- finding no serious physical injury where an officer was struck in the chest with birdshot, leaving “superficial” wounds

## Opinion text

REED, C. J.,
concurs in the result being of the opinion that the errors other than the failure to give Luttrell an instruction on second degree assault were sufficient to warrant reversal as to both appellants.
STEPHENSON and STERNBERG, JJ., dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9638371. Public record. Not legal advice.