Fallis v. Commonwealth

*314Opinion op the Court by

Turner, Commissioner--.

Affirming.

Appellant was indicted for a' felony under the provisions of section 1166, Kentucky Statutes, and charged with the .shooting and wounding with intent to kill of Giiy Wainseott, a policeman of the city of Frankfort. On his trial, however, he was convicted only for shooting in sudden affray or in sudden heat and passion without previous malice, a misdemeanor, and a degree of the crime charged, and his punishment fixed at confinement in the county jail for six months and a two hundred and fifty dollar fine.

Having been refused a new trial he…