Blackburn v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of wilfully shooting and wounding another with intent *269to kill and sentenced to two years in the state penitentiary. On this appeal he contends he was entitled to an instruction on accidental shooting and was entitled to a new trial because of misconduct of a juror.

The substance of appellant’s testimony is that he intended to scare the prosecuting witness by shooting at his feet, but he raised his pistol a little too high when he fired. The claim is that appellant accidentally wounded the prosecuting witness when he only intended to shoot at him and…