Gibbons v. Commonwealth

Opinion of the Court by

Chief Justice Rees

Reversing.

Appellant, Ona Gibbons, seeks the reversal of a judgment convicting him of malicious shooting at and wounding another with intent to kill and fixing his punishment at confinement in the penitentiary for a term of one year. The crime of which he stands convicted is defined by section 1166 of the Kentucky Statutes.

The sole ground urged for a reversal is the failure of the trial court to instruct the jury under section 1242 of the Kentucky Statutes, which reads in part:

“If any person shall, in a sudden affray, or in sudden heat and passion,…