Byrd v. Commonwealth

OSBORNE, Judge.

Appellant was convicted after a jury trial and sentenced to 21 years in the penitentiary for maliciously shooting Roy Adams and Charles Kalichum with intent to kill them, and to five years on the charge of carrying concealed a deadly weapon. We reverse the judgment on both counts. The facts of the case are as follows:

On March 20, 1969, there was a warrant outstanding for appellant charging him with *334parole violation, he having previously been paroled following a conviction of armed robbery.

Pursuant to the warrant, police officers Kalichum, Adams and Melton stopped the car in…