McKinney v. Commonwealth

Opinion of the Court by

Judge Thomas

Affirming.

The appellant, Clarence McKinney, and Koy Prince were indicted by the Knox county grand' jury in which they were jointly accused with maliciously shooting and wounding Cecil Hale with, the intent to kill him, but from which he did not die — an offense created and punished by Section 1166 of Baldwin’s 1936 Revision of Carroll’s Kentucky Statutes. At appellant’s separate trial thereunder he was convicted and punished by confinement in the penitentiary for a period of five years. (We observe, however, that the judgment pronounced thereon and from…