Burns v. Commonwealth

JUDGE DUVALL

delivered the opinion op the court:

This is an appeal from a judgment of conviction against the appellant, upon an indictment for malicious shooting with intent to kill.

Two grounds of reversal are relied upon by the appellant:

First. That the court erred in overruling his motion in arrest of judgment, and

Secondly. In the instructions given at the instance of the Commonwealth.

1. The only enquiry presented by the first point is; whether “the facts stated in the indictment constitute a public offense within the jurisdiction of the court.” (Crim. Code, sec. 271.)

The clause of the…