Profitt v. Commonwealth

SIMS, Justice.

Appellant, Alvin Profitt, was convicted of feloniously shooting at Earl Craft without wounding him and his punishment was fixed at confinement in the penitentiary for two years. KRS 435.170. He asked a reversal upon the sole ground that the court erred when it did not instruct under KRS 435.200 upon the misdemeanor of reckless use of a deadly weapon. To determine whether or not this instruction should have been given, it is necessary to state briefly the facts surrounding the shooting.

Earl Craft, a 17 year old boy, who lived with his parents on a farm which adjoined appellant’s,…