Mills v. Commonwealth

WADDILL, Commissioner.

Johnny Mills appeals from a judgment sentencing him to two years in prison for shooting and wounding Clayton Anderson with a pistol. KRS 435.170(1). He asks a reversal of the judgment on the grounds that the court erred: (1) In admitting incompetent evidence; (2) in instructing the jury; and, (3) in permitting-the attorney for the Commonwealth to make an improper and prejudicial argument to the jury.

There is sharp conflict in the testimony of the witnesses concerning many aspects of this unfortunate affair. However, all witnesses testified that shortly after Anderson…