Burnett v. Commonwealth

Opinion of the Coubt by

Dkuky, Commissioner—

Affirming.

The appellant, whom we shall call the defendant, seeks to reverse a judgment sentencing him to three years in the penitentiary for malicious shooting without wounding. He relies for reversal on numerous alleged •errors, which we shall state as we reach them in our •discussion.

Refusal of Change of Venue.

The defendant made timely application for a change ■of venue to some county other than Harlan. The commonwealth resisted the application. Each side filed numerous affidavits, and, after the court had read them, the defendant was called and…