Bentley v. Commonwealth

..PALMORE, Judge..

’ Having shot his wife, hppellant was convicted under an' indictment for malicious shoótíng and wounding and sentenced to 10 years in prison. KRS 435.170. 'He claims prejudicial error in the trial court’s failure to' instruct on the so-called common law offense of wounding by the reckless, wanton or grossly careless handling of a gun.

The wife’s version of the affair was' that during the course of a brief argument' in which he slapped her and 'she retaliated in kind he said, “I’ll kill you for that,” and then picked, up a shotgun, proceeded to load it, and pointed.it toward…