Wadkins v. Commonwealth

Opinion op the Court by

Chief Justice Thomas

Affirming.

The appellant, Dave Wadkins, was indicted, tried, and convicted in the Wolfe circuit court for having committed one of the offenses described in section 1166 of our present Statutes; i. e., willfully and maliciously shooting at another without wounding him. He was punished by confinement in the penitentiary for one year, and, his motion for a new trial having been overruled, he prosecutes this appeal. The grounds argued by counsel for a reversal are: (1) Error of the court in ordering the jury from Breathitt county; (2) misconduct of the…