Delph v. Commonwealth

Opinion of the Court by

Morris, Commissioner

Reversing.

Appellants were jointly charged with the crime of willfully and maliciously striking Ed Walters with a gun, a deadly weapon, with intent to kill, etc. The indictment was drawn under KRS 435.170(2), which was followed in its preparation. It provides a penalty of from two to twenty-one years confinement in the penitentiary for “any person who * * # willfully and maliciously cuts, strikes or stabs another with a knife or other deadly weapon with intent to kill, if the person stabbed, cut or bruised does not die from the wound.”

In joint trial…