Napier v. Commonwealth

Opinion of the Court by

Judge Dietzman

Revers-

The appellant, having been convicted of the offense of malicious shooting and wounding and sentenced to two years in the penitentiary, brings this appeal from the judgment.

His first ground for reversal is that the verdict is flagrantly against the evidence. There were but four witnesses who testified about the facts of the shooting. Two of these, Billie Noble, the victim of the shooting, and his wife, Bertha Noble, testified for the Commonwealth. If their testimony is to be believed, the shooting was without excuse. The other two witnesses, the…