Lunce v. Commonwealth

Opinion of the Court by

Judge Dietzman

Affirming.

Under an indictment charging him with the offense of “malicious shooting at and wounding another with intent to kill,” the appellant was found guilty and sentenced to serve two years in the state penitentiary. He appeals.

As grounds for reversal, he insists that the evidence was insufficient to support the verdict, that the instructions were erroneous, and that the commonwealth’s attorney was guilty of misconduct in his closing argument. The facts as developed by the evidence are these: The appellant, Tom France, Frank Murphy, Ed Smith, and…