Stacy v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

Tbe appellant, Fred Stacy, was convicted in the Leslie circuit court of tbe offense of aiding and abetting bis father, James Stacy (tbe principal), in tbe commission of tbe offense by tbe latter of shooting into tbe dwelling of Bill Couch, which is one created by KRS 435.170. Tbe indictment of appellant accused him alone of having committed tbe offense and in which no mention is made of bis aiding and abetting bis father as principal in his commission of tbe offense, nor was bis father jointly indicted with him as a principal in its commission.…