Smith & Shelton v. Commonwealth

Opinion op the Court bt

Chiep Justice Hurt—

Affirming.

The appellants were by separate indictment, each accused of the crime of wilfully and maliciously shooting at and wounding Harvey Miracle, with the intent to kill him, but, from the shooting* and wounding, he did not die, as denounced by section 1166, Ky. Stats. The shooting at and wounding of Miracle, by each of the appellants, occurred at the same time and place, and in the course of an attempt, as contended by the Commonwealth, by Miracle, a deputy sheriff to arrest the appellants. The witnesses in each case, were the same, and the…