Gibbs v. State

Defendant appeals from conviction under Code Sec. 10825, of maliciously shooting into his neighbor’s house and sentence to punishment of not more than two years-in the penitentiary for the offense.

The pertinent provision of Code Sec. 10825 is as follows: “Any person who wantonly or maliciously either shoots or throws any missile calculated to produce death or great bodily harm, at or into any dwelling or any other house which is being used or occupied . . . shall be declared guilty of a felony, and, upon conviction, shall undergo confinement in the penitentiary for a period not less than one…