Denham v. Commonwealth

Opinion of the Court by

Judge Thomas

Reversing.

Appellant, Elmer Denham, was convicted in the Pulaski circuit court of having committed one of the statutory offenses created and described in subsection (4) of section 435.170 KRS, i. e. wilfully and maliciously shoot ing into the dwelling house of John Ferrell in which he and his family then resided. The section in its subdivisions (1), (2), (3), (5) and (6) describes and creates other offenses but all of which, under the terms, of the section, must have been committed “wilfully and maliciously.” The testimony in the case amply supports the…