Rice v. Commonwealth

STEWART, Judge.

Sidney Rice was convicted of the crime of wilfully and maliciously shooting at and wounding another with intent to kill and, being found guilty, was sentenced to the penitentiary for IS years. See KRS 435.170(1).

He appeals, urging these grounds for reversal: (1) The indictment should have been set aside because two persons sitting on the grand jury, that returned it, were illegal members; (2) the motion to dismiss the case on the claimed ground of double jeopardy should have been sustained; (3) the instructions were erroneous (a) in failing to provide that a unanimous verdict…