Falls v. Commonwealth

Opinion op the Court by

Judge Perry

Affirming.

Upon trial of the appellant, Herbert Falls, on an indictment accusing him “of the crime of malicious shooting and wounding with intent to kill” Eb Spicer (but from which shooting and wounding he did not die), he was convicted and his punishment fixed at two years imprisonment.

The picture of the factual setting, out of which this trouble arose, resulting in the shooting and wounding by Fa-lls of the prosecuting witness, Eb Spicer, is set out and described by the evidence as follows:

'On the Saturday night of April 20, 1936, it appears that the…