Williams v. Commonwealth
Court of Appeals of Kentucky
Case 60 — INDICTMENT APPEAT. PROM KNOX CIBCUIT DOUBT. 1. Shooting and wounding in sudden heat and passion under section 1242 of the Kentucky Statutes is not a degree of the offense of malicious shooting and wounding with intent to kill, under section 1166; to make it a case of malicious shooting andl wounding with intent to kill, the Commonwealth must make out a case such as would he murder if death had been caused by the wound, and therefore malicious shooting and wounding…
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Case 60 — INDICTMENT APPEAT. PROM KNOX CIBCUIT DOUBT. 1. Shooting and wounding in sudden heat and passion under section 1242 of the Kentucky Statutes is not a degree of the offense of malicious shooting and wounding with intent to kill, under section 1166; to make it a case of malicious shooting andl wounding with intent to kill, the Commonwealth must make out a case such as would he murder if death had been caused by the wound, and therefore malicious shooting and wounding with intent to kill is a degree of murder; to make it a case of shooting in sudden! heat and passion, under section…
1Opinion of the Court
JUDGE DuRELLE
delivered ttib opinion oe the court.
Upon an indictment for maliciously shooting at and wounding another with a deadly weapon, with an. intention to kill such person, the appellant was found guilty of shooting and wounding in sudden heat and passion, and his punishment fixed at a fine of $500. The evidence tended to show that, after a quarrel, the defendant attacked one Jouwdy, and drew a pistol, as he claims, for the-purpose of striking Jouwdy with it; that in the scuffle the weapon was discharged, and Jouwdy was struck in the knee. The grounds for reversal relied on are;
1st.…
2Cited by8 opinions
- Breeden v. CommonwealthCourt of Appeals of Kentucky · 1912
- Edwards v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Caldwell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936
- Dunn v. Blue Grass Realty Co.Court of Appeals of Kentucky · 1915
- People v. KafouryCalifornia Court of Appeal · 1911
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