Burkhart v. Commonwealth

Judge Rees

Reversing.

Appellant, Anderson Burkhart, was convicted of the crime of maliciously shooting at and wounding another with intent to kill, and sentenced to serve fifteen years in the penitentiary. On this appeal he argues but one ground for reversal of the judgment, to wit, the trial court’s failure to instruct the jury upon his theory that the shooting was accidental and not intentional.

Appellant was accused of shooting his wife, Mary Burkhart, and he and his wife were the only eyewitnesses to the shooting which occurred in their home in a remote section of Harlan County. Mrs.…