Williams v. Commonwealth

PALMORE, Judge.

Denver Williams and Lindbergh Robinson appeal from a judgment entered pursuant to a verdict finding them guilty of maliciously shooting into a motor vehicle occupied by one Jimmy Phillips. They were sentenced to two years’ imprisonment, the minimum penalty allowable under the applicable statute, KRS 435.170(4).

They contend that the trial court erred in failing to instruct under KRS 435.180, 435.190 and 435.200 as lesser degrees of the offense charged and in failing to instruct in writing that a conviction required a unanimous verdict.

In May of 1969 there was trouble in the…