McIntosh v. Commonwealth

Opinion op the Court by

Judge Cammack

— Reversing.

Elmer McIntosh and Fred Combs were indicted for robbery in Breathitt County. They were found guilty on their joint trial and both were sentenced to two years in the penitentiary. McIntosh is insisting that the judgment be reversed because the trial court erred in failing to give an instruction covering his theory of the case to the effect that he took parts of a shotgun to keep the prosecuting witness, Steve McIntosh, son of Pierce McIntosh, from shooting him and Fred Combs.

Combs had been going to see a daughter of Pierce McIntosh for some time…