Smiddy v. Commonwealth

' CAMMACK, Chief Justice.

Robert Smiddy is appealing from a judgment sentencing him to six years in prison on a charge of maliciously striking and wounding Pete Bray with a deadly weapon with intent to kill. Robert Smiddy was jointly indicted with his brother, J. B., for the offense. Robert was absent from the State when J. B. was tried. We reversed a judgment sentencing J1 B. to four years in prison because he-was found guilty under an instruction covering his aiding and abetting his brother, Robert, in the wrongful striking of Mr. Bray with a pistol. 240 S.W.2d 565. The principal complaint…