Small v. Commonwealth

STANLEY, Commissioner.

Arthur L. Small was convicted of the offense of shooting and wounding in sudden affray or heat of passion and fined $500. KRS 435.180. • His motion for an appeal is sustained and the judgment is reversed on the ground of error in failing to give certain instructions.

Small is the proprietor of a night club, called the Trianon Club, near Owensboro. Frank Hermann and several other soldiers from Camp Campbell, near Hopkinsville, came to the club one night in May, 1952,' after having visited other places 'during the afternoon. It is quite evident they had been drinking. About…