Shepherd v. Commonwealth

MONTGOMERY, Justice.

Press Shepherd was jointly indicted with Dennis Joseph by the grand jury of Perry County under KRS 435.170(2) and charged with the malicious cutting and wounding of one Jesse Cress with a knife, from which death did not ensue. The indictment was dismissed as to Joseph on recommendation of the prosecuting witness. Shepherd was convicted and his punishment fixed at confinement in the reformatory for three years, from which judgment he appeals.

The grounds urged for .reversal are: (1) the court erred in refusing to direct the jury to find the defendant not guilty; (2) the…