Luke and Dewey Hall v. Commonwealth

Opinion op the Court by

Commissioner Sandidge—

Beversing.

Appellants, Luke Hall and Dewey Hall, prosecute this appeal from a judgment of the Floyd circuit court convicting them of maliciously shooting at another with intent to kill, and sentencing them to confinement in the state penitentiary for a term of three years and one day each.

These facts appear: Stanley Miller, a hoy about 13 years of age, was on the railroad, near the tipple of the Jack’s Creek -Coal Company, picldng up coal. Appellants, both under the influence of whisky, approached, and when they got near to where the boy was, Dewey…