Mullins v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Affirming.

Appellant and Lawrence Yonts were jointly charged by true bill with the offense of shooting at another with a deadly weapon with intent to kill. Kentucky Statutes, Section 1166. They were jointly tried, but the court peremptorily directed the jury to find Yonts not guilty, since testimony showed that Yonts was not armed at the time of the shooting. The jury found appellant guilty and fixed the penalty at two years confinement in the penitentiary. Motion for a new trial was overruled, judgment entered according to the verdict and this appeal…