Childers v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Affirming.

On October 2, 1938, .appellant shot and wounded one Brown Jewell, the encounter taking place at a church in Lee County. His indictment followed, and upon trial he_was found guilty, the jury imposing two years’ imprisonment, the minimum under Section 1166, Kentucky Statutes, which denounces the offense.

He prosecutes appeal, contending that the verdict was flagrantly against the evidence, and that the court erred to his prejudice in giving instruction No. 1, because, as counsel says, “the proof failed to show that the shooting was done with…