Timberlake v. Commonwealth

Opinion op the Court by

Judge Willis —

Affirming.

_M. L. Timberlake was convicted of the crime of malicious shooting and wounding. His punishment was fixed at life imprisonment under the habitual criminal statute (section 1130), since he had been convicted of felony twice before the present conviction. He complains (1) that a demurrer to the indictment was not sustained; (2) that incompetent evidence was adduced against him; (3) that the instructions to the jury were insufficient; and (4) that the verdict is unsupported by the evidence.

1. The challenge to the indictment is based upon the fact…