Blackburn v. Commonwealth

STANLEY, Commissioner.

Bennie Blackburn appeals a judgment of conviction of malicious shooting and wounding James Slone and a sentence of two years’ imprisonment.

The shooting occurred at the defendant’s home and seems to have followed a quarrel of the two men, who were friends. Both were intoxicated wholly or partly.

The appellant incredulously argues that the indictment should have been quashed because returned on an affidavit and not upon testimony. The only basis for this argument is the appellant’s statement in the course of his testimony that Slone never indicted him but the Commonwealth’s…