Newsome v. Commonwealth

MONTGOMERY, Judge.

Estill Newsome was convicted of the crime of willfully and maliciously shooting at and wounding another with intent to kill. KRS 435.170(1). He was sentenced to serve two years in the state reformatory. On appeal, he urges that the court erred in instructing the jury and there was misconduct on the part of a juror.

The bill of exceptions filed in the record of this case shows that the trial court gave five instructions. The appellant was found guilty under Instruction No. 1. According to the bill of exceptions, the phrase “willfully, maliciously, and not in self-defense” is…