Denham v. Commonwealth

Opinion op the Court by

Judge Dawson

Affirming;

Elmer Denham is charged with maliciously shooting a deadly weapon into a dwelling house, in violation of the provisions of KRS 435.170. He was tried, convicted and sentenced to five years in the penitentiary.

On appeal the judgment was reversed because the instructions were erroneous. See Denham v. Commonwealth, 300 Ky. 531, 189 S. W. 2d 738. On retrial he was again convicted and his punishment fixed at two years confinement in the penitentiary. This appeal followed.

The only ground relied upon for reversal is that the court erroneously admitted…