Smiddy v. Commonwealth

Stanley, Commissioner

Affirming.

The appellant, Robert Smiddy, was convicted of the crime of willfully and maliciously shooting into a dwelling house or “building where people live,” and sentenced to imprisonment in the penitentiary for two years. KRS 435.170. He seeks a reversal of the judgment upon the ground that the court should have given an instruction on the misdemeanor of discharging a deadly weapon on a public highway. KRS 435.200. The claim rests on the propositions that there was no testimony to show motive or malice on the part of whoever fired into the house and that the evidence…