Couch v. Commonwealth

Stanley, Commissioner

Reversing.

The appeal by Floyd Couch is from a judgment of guilt of willfully and maliciously shooting and wounding John Hoskins with the intent to kill him, the penalty being fixed at confinement in the penitentiary for two years. KRS 435.170(1).

According to Hoskins and other witnesses for the Commonwealth, without provocation the defendant shot him while he was unarmed. He, his wife and other companions were passing the home of the defendant and his father, Henry Couch. Hoskins testified he was shot with a pistol but all other evidence shows it was a shotgun. According…