Hopper v. Commonwealth

Opinion op the Court by

Judge Rees

Dismissing appeal.

Appellant was tried under an indictment charging him with wilfully and maliciously shooting at another without wounding, a crime defined by KRS 435.170. He was convicted under an instruction which submitted the qusetion of his guilt of the offense defined by KRS 435.180, a degree of the crime for which he was indicted and a misdeameanor. His punishment was fixed at a fine of $500 and confinement in the county jail for one year. He is prosecuting an appeal purportedly granted by the circuit court without complying with the procedure outlined…