Harrison v. Commonwealth

WADDILL, Commissioner,

Ellis Harrison is appealing from a judgment sentencing him to prison for a term' of twenty-one years. For reversal of the conviction it is urged that the court erred’ in instructing the jury.

Appellant was convicted of the crime-denounced by KRS 435.170 which, in pertinent part, states:

“Any person shall be confined in the penitentiary for not less than two nor more than twenty-one years who:* * *.

“(4) Willfully and maliciously * * * throws a * * * dangerous- or deadly missile at or into * * * any motor vehicle occupied by any person * *

In substance, the Commonwealth’s…