STANLEY STONE v. COMMONWEALTH OF KENTUCKY
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RENDERED:
April 16, 1999; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1997-CA-003064-MR
STANLEY STONE
APPELLANT
APPEAL FROM ROWAN CIRCUIT COURT
HONORABLE WILLIAM B. MAINS, JUDGE
INDICTMENT NO. 97-CR-000026
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
DYCHE, EMBERTON, AND GARDNER, JUDGES.
DYCHE, JUDGE:
A jury convicted Stanley Stone of Manslaughter in
the First Degree.
imprisonment.
He was sentenced to fifteen years’
Stone appeals.
Stone was charged with murdering Robert Turner on April
15, 1997.
Stone admitted to the killing but insisted that he was
acting in self defense.
He claimed that Turner had threatened to
remove Stone’s chest catheter; Stone believed that removal of the
catheter would jeopardize his life.
One of the officers on the scene, Ben McCray,
remembered an incident several days prior where a woman claimed
that Stone threatened to kill her, stating that he would be
exonerated when he told the police that she had tried to pull a
tube out of his chest.
The Commonwealth had the woman, Mary
Esteppe, testify at trial.
McCray also testified, and his report
of the Esteppe incident was admitted into evidence.
Stone claims
that the admission of McCray’s testimony and police report
constituted reversible error.
Stone’s complaint with McCray’s testimony is that it
served to improperly bolster Esteppe’s.
We disagree.
During
cross-examination, Esteppe could not recall certain aspects of
her prior testimony, rendering the latter “inconsistent” for
purposes of admissibility under Kentucky Rule of Evidence [KRE]
801A(a)(1).
(1997).
See Brock v. Commonwealth, Ky., 947 S.W.2d 24, 27
Thus the trial court did not err in allowing McCray to
testify regarding Esteppe’s statements to him.
Nor do we find error concerning the domestic violence
reporting form.
The trial court ruled that the form was
admissible pursuant to KRE 803(8) as a “uniform reporting form
designed to provide statistical information concerning, among
other things, domestic violence.”
Stone has not convinced us
that this ruling was an abuse of the trial court’s discretion.
The judgment of the Rowan Circuit Court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Elizabeth Shaw
Richmond, Kentucky
A. B. Chandler III
Attorney General of Kentucky
-2-
Christopher M. Brown
Assistant Attorney General
Frankfort, Kentucky
-3-
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