McElwain v. Commonwealth

Opinion op the Court by

Judge Eees

Affirming.

The appellant, John McElwain, was convicted of the crime of malicious shooting and wounding with intent to kill, and his punishment was fixed at imprisonment for a term of 21 years. On this appeal he seeks reversal of the judgment because (1) the trial court erred in failing to grant him a continuance; (2) the evidence is insufficient to sustain the verdict; (3) the court erred in excluding certain testimony offered by appellant; (4) the instructions are erroneous; and (5) the punishment is excessive.

Appellant shot and wounded W. S. Walters January…