Combs v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellant was convicted of the offense denounced by 435.170 KRS, which combines sec. 1166 and 1227a, KS 1936 and Supp. 1940. So much as is pertinent reads: “Any person shall be confined in the penitentiary for not less than two nor more than twenty-one years who: (1) Willfully and maliciously, with a gun or other instrument loaded with a leaden bullet or other hard substance, shoots at another without wounding him * * then follows this denounced offense, “or shoots at and wounds another with intent to kill Mm so that he does not die from…