Cundiff v. Commonwealth
Court of Appeals of Kentucky
Case 30 —INDICTMENT APPEAL FROM OHIO CIRCUIT COURT. An indictment charging that appellant maliciously shot at and wounded another with intent to kill him, whereof he did not die, is insufficient, because it fails to state that the shooting was done with felbnious intent. The offense charged being statutory, it is sufficient that the indictment follows the language of the statute.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
'The appellant was indicted, tried and convicted, in the Ohio Circuit Court, for the willful and malicious shooting and wounding one Wallace, with the intent to hill him, Wallace. The lower court having overruled the appellant’s motion for a new trial, he has appealed to this court.
The statute under which the appellee was indicted, tried and convicted, reads as follows: “If any person *197shall willfully and maliciously shoot at and wound another, with an intention to kill him, so that he does not die thereby, with a gun or other instrument loaded…
2Cases cited1 opinion
- Kaelin v. CommonwealthCourt of Appeals of Kentucky · 1886
3Cited by7 opinions
- Gravitt v. CommonwealthCourt of Appeals of Kentucky · 1919
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1893
- Allen v. CommonwealthCourt of Appeals of Kentucky · 1917
- Scales v. CommissionerUnited States Board of Tax Appeals · 1928
- Gregory v. CommonwealthCourt of Appeals of Kentucky · 1920
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