Brock v. Commonwealth

Opinion of the Court by

Chief Justice Clay

Be-versing.

This is an appeal from a judgment convicting appellant of maliciously shooting at another without wounding with the intention to kill him, and fixing his punishment at three years’ confinement in the state penitentiary.

The facts disclosed by the evidence for the commonwealth are these: The prosecuting witness John Slusher, a deputy sheriff of Bell county, had been engaged in serving some papers that had been placed in his hands. On his way home he saw appellant and another boy, who turned and came down the railroad toward the mouth of the…