Daniels v. Commonwealth

DAVIS, Commissioner.

Carl Daniels was convicted of maliciously shooting and wounding James Douglas, Jr., with intent to kill. KRS 435.170 (1). The jury’s verdict fixed his punishment at two years’ imprisonment. He asks reversal of the judgment of conviction and asserts that the verdict was flagrantly against the evidence, the trial court failed to properly admonish the jury at a recess of the court,' and the jury was not guarded during the court recess.

Daniels was riding in his own car, driven by Brown Amos, when they came upon the stalled car of the victim, Douglas. Incident to the passing of…