Smallwood v. Commonwealth

MONTGOMERY, Judge.

Shelby Smallwood, Jr., appeals from a judgment in which he was convicted of a violation of KRS 435.170'(4). He was charged with maliciously shooting into an occupied motor vehicle. His sentence was two years’ confinement in the penitentiary. On appeal, the sole contention is that the trial court failed to give the whole law of the case and should have instructed under KRS 435.190(1), a similar misdemeanor statute.

Bobby Shepherd parked his car outside a skating rink near Hyden. He was inside, the rink when the shooting took place. He said there were three bullet holes in his…