Clemons v. Commonwealth

STEINFELD, Judge.

Appellant, Roscoe Clemons, was found guilty of the crime of maliciously shooting at and wounding another with intent to kill. KRS 435.170. His punishment was fixed at two years in the penitentiary. After the lower court overruled motions for a new trial and probation, Clemons appealed claiming that four trial errors were committed. We reverse.

On March 12, 1970, Sergeant John Humpkey and Lieutenant L. T. Owens of the Kentucky State Police went to the Clemons residence to arrest the wife of the appellant on a warrant. The premises consisted of a retail beer outlet in front and…