Galloway v. Commonwealth

Opinion op the Court by

Judge Sims

Affirming.

Appellant, Bert W. Galloway, was convicted of the offense of willfully and maliciously shooting into the occupied dwelling house of W. A. Polley, and his punishment was fixed at confinement in the penitentiary for a term of two years.

The grounds assigned upon which a reversal of the judgment is asked are: (a) The court erred in not instructing as a matter of law that James Sellers and Lloyd Poe, Jr., were accomplices; (b) the verdict is not supported by the evidence.

The Commonwealth’s evidence shows that around 10 o ’clock on the night of October 4,…