Daws v. Commonwealth

Reversing.

*266Clarence Daws was convicted of the offense of maliciously shooting at Bert Daulton with intent to kill hut without wounding Daulton, and his punishment was fixed at confinement in the penitentiary for two years. He asks that the judgment be reversed because the court erred: (1) in the admission and rejection of evidence; (2) in instructing the jury.

The Commonwealth’s proof is to the effect that between 5:30 and 6:00 o’clock p. m. on January 9, 1949, Daulton while driving a truck, in which were his wife and children, on a county road about 125 yards from the Nazarene Church at Naomi…