Russell v. Commonwealth

DYCHE, Judge.

Gerald Russell shot Darin George twice with a pistol following an altercation between the two; he was convicted of assault, second degree, by a jury in the Fa-yette Circuit Court, and received a five-year prison sentence. He now brings this appeal, making two assignments of error.

He first claims that the trial court committed error by instructing the jury on assault, first degree, since the Commonwealth failed to prove that the victim received serious physical injury. We need not rule on that contention, as Russell was found guilty of second degree assault; conviction of a lesser…