Pemberton v. Commonwealth

CAMMACK, Chief Justice.

Robert Pemberton was sentenced to five years in prison on a charge of maliciously shooting and wounding Joseph Hughes with intent to kill. In their original brief counsel for Pemberton asked that the judgment be reversed because (1) the trial court erred in admitting incompetent evidence; (2) a directed verdict should have been given in Pemberton’s favor; (3) the court did not instruct the jury on the whole law of the case; and (4) a new trial should have been granted upon the ground of newly discovered evidence. In a supplemental brief Pemberton’s counsel urge that the…