Dehart v. Commonwealth

STEWART, Judge.

Caleb Dehart was convicted of the crime of maliciously and willfully shooting and wounding Owen Fields with intent to kill, but from which shooting and wounding Fields did not die. See KRS 435.170(1). He appeals from a judgment sentencing him to the penitentiary for two years, urging these grounds for reversal: (1) The verdict was against the law and the evidence ; and (2) the court erred in refusing him a continuance upon his discovery that an eyewitness, George Buckner, was absent on the day of the trial.

During the afternoon of July 5, 1954, Caleb Dehart encountered Owen…