Tester v. Commonwealth

Opinion op the Court by

Drury, Commissioner

Affirming.

Charley Tester, whom we shall call the defendant, was convicted of malicious shooting with intent to kill. His punishment was fixed at two years in the penitentiary, and he has appealed. He does not deny the shooting, and his only excuse is that he shot in defense of himself and his brother. That question was submitted to the jury in an instruction in which we see no fault and of which he does not complain.

His first ground for reversal is that the court admitted incompetent and irrelevant evidence against him. The answer to that is that he…