Douglas v. Commonwealth

Opinion of the Court by

Judge Latimer

Reversing.

Luther Douglas was indicted for the malicious shooting and wounding of Harry Monhollen. Upon trial he was convicted of shooting and wounding without malice and given a fine in the sum of $500 and jail sentence of 12 months. He appeals.

The testimony of the Commonwealth shows that the three Monhollen hoys, Harry, Jack, and Carl, while walking along the highway on their way to Jellico, Tennessee, a taxi belonging to appellant, Luther Douglas, in which, there were five or six occupants, passed them and that upon approaching the boys the driver of the…