Hubbard v. Commonwealth

Opinion of the Court by

Stanley, Commissioner

Reversing.

The appellant, Bill Hubbard, has been convicted of willfully and maliciously shooting and wounding Olin Middleton with the intent to kill Km, and sentenced to two years’ imprisonment. KRS 435.170.

' The Commonwealth’s evidence tended to prove the charge beyond a reasonable doubt. The defendant’s evidence tended to prove self-defense. On the contradictory evidence, the case was clearly one for the jury to determine, and its verdict is fully sustained.

The bill of exceptions recites that during the trial the jury was permitted to separate over…