McCown v. Commonwealth

Opinion of the Court by

Judge Dietzman

Reversing.

Appellant was convicted of the offense of malicious shooting at and wounding another with intent to kill, and sentenced to serve three years in the penitentiary. From that judgment this appeal is prosecuted.

On the morning of October 4, 1932, the appellant, who had married the sister of Allen Mullins, had some trouble with his wife. There is scarce doubt but that appellant was drinking heavily that morning. His wife left their home and went to the home of her father, where her brother, Allen Mullins, was. After fortifying himself with whisky,…