Cupp v. Commonwealth

Opinion of the Court by

Judge Tilford

Reversing.

The appellant was convicted of shooting into a church, an offense denounced by Subsection 4 of KRS 435.170, and sentenced to two years' confinement in the penitentiary.

He urges as grounds for reversal that his demurrer to the indictment should have been sustained; that the evidence for the Commonwealth was not sufficient to take the case to the jury; and that the Court erred in its instructions.

In view of“ our agreement with, the last of these contentions, we shall dispose of the others by merely stating that the indictment, while ineptly drawn,…