Gilbert v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

Appellant, Howard Gilbert, was indicted in the Lewis circuit court, charged with the crime denounced by section 1224 of the Kentucky Statutes, which provides that:

“If any person shall, from ambush or any concealment or hiding place, shoot at any person without inflicting a wound upon such person, he shall be deemed guilty of a felony, and, upon conviction shall be confined in the penitentiary not less than one nor more than ten years.”

On his trial he was convicted, and his punishment fixed at confinement in the state penitentiary for two years.

The…