Pennington v. Commonwealth

Opinion of the Court by

Judge Cammack

Affirming.

This is an appeal from a judgment sentencing Odns Pennington to two years in prison for the malicious shooting and wounding of Culton Callahan. The shooting took place at night near the home of Polly Ann Pennington. The Commonwealth’s version was that the appellant opened fire on Callahan with a shotgun and that Callahan did not fire his pistol at Pennington until after he was shot. Pennington’s version of the affray was that he shot in self-defense.

The grounds urged for reversal are that (1) a demurrer should have been sustained to the…