Smith v. Commonwealth

Opinion op the Court by

Judge McCandless —

Affirming.

Appellant was convicted of the crime of malicious shooting without wounding and his- punishment fixed at confinement for one year in the penitentiary. It 'appears that on the day -before his trial his brother was tried in the same court for a different offense; that the prosecuting witness in this case testified in that and wa-s permitted to detail his version of what occurred in this case, and that this was heard -by all the regular jurors. That fact was presented by affidavit, and made- the basis- of a motion to discharge the entire panel…