Pack v. Commonwealth

Opinion op the Court by

Judge Perry

— Reversing.

Appellant was indicted in the Martin circuit court under section 1166, Kentucky Statutes (1936 edition), accusing him of maliciously shooting and wounding Frank Webb with intent to kill.

On his trial he was convicted and his punishment fixed at three years ’ confinement in the penitentiary.

To reverse that judgment this appeal is prosecuted, complaining (1) that the trial court erred in its instructions given the jury and (2) in the admission of evidence.

The facts and circumstances leading up to and conducing to bring about this shooting difficulty…