Pack v. Commonwealth

Opinion op the Court by

Judge Perry

— Affirming.

The appellant, Fred Pack, was in September, 1939, indicted by the grand jury of Martin county on the charge of maliciously shooting at and wounding Frank Webb, an offense denounced as a felony by Section 1166, Kentucky Statutes.

On the first trial of the case, the jury found Pack guilty of the crime charged and fixed his punishment at three years’ confinement in the penitentiary.

From a judgment entered in conformity with the verdict, he prosecuted an appeal, upon which the judgment was reversed on the sole ground of error in the instructions…