Taylor v. Commonwealth

EDWARD P. HILL, Judge.

Appellant was convicted of the crime of malicious shooting and wounding with intent to kill (KRS 435.170) and was given five years in prison.

As grounds for upsetting the verdict and the judgment entered thereon, appellant argues that: (1) he was entitled to a directed verdict; (2) the successor judge who did not participate in the trial was not “capable of using a discretion” in ruling on his motion and grounds for a new trial; (3) there was misconduct of a juror entitling him to a new trial; and (4) competent evidence offered by appellant was rejected.

We briefly state…