Breeden v. Commonwealth

Opinion op the Court by

William Rogers Clay, Commissioner

Reversing.

Defendant, John Breeden, shot and wounded Alvis Sharp. He was indicted by the grand jury of Whitley County for the offense of malicious shooting and wounding with intent to kill. He was tried -and convicted and given an indeterminate sentence in the penitentiary of from one to five years. Prom the judgment of conviction he appeals.

According to the evidence for the Commonwealth Alvis Sharp was going down the street with his hands by his sides, when the defendant, Breeden, stepped out from behind a post and fired at him four…