Mattingly v. Commonwealth

SIMS, Justice.

Appellant, John Robert Mattingly, was indicted at the February 1951 term of the Nelson Circuit Court for maliciously shooting at without wounding Agnes Mattingly on Dec. 5, 1950. The indictment further avered that prior to the shooting charged, accused had been convicted of the felony of grand larceny in the Nelson Circuit Court at its November term 1948. His trial resulted in a conviction as charged in the indictment and his punishment was fixed at confinement in the penitentiary for 10 years.

In seeking to reverse the judgment appellant insists: 1. The previous conviction was…