Jones v. Commonwealth

STEWART, Judge.

Sam Jones was convicted of the offense of malicious and willful shooting and wounding with intent to kill and sentenced to serve 21 years in the state penitentiary at Eddyville. See KRS 435.170.

On this appeal from the judgment, Jones argues, and the Commonwealth agrees, that his conviction should be set aside and a new trial granted because the indictment failed to charge a felony.

As the indictment is brief we will set it out verbatim. It reads:

“The Commonwealth of Kentucky

“Breathitt Circuit Court

“August Term, 1961

“The Commonwealth of Kentucky against Sam Jones Indictment

“The…