Perkins v. Commonwealth

Opinion op the Court by

Commissioner Sandidge

Affirming.

Appellant, John Perkins, prosecutes this appeal from a judgment of the Hardin circuit court convicting him of maliciously shooting at another without wounding, denounced as a felony by section 1166, Kentucky Statutes, and sentencing him to confinement in the state penitentiary for one year.

The sole ground urged for reversal is that the trial, court erred in instructing the jury under the section, supra, of our statutes, upon the theory that the record affords no evidence that appellant was actuated by malice. He insists that the evidence…