Root v. Commonwealth

Opinion of the Court by

Judge Sims

Affirming.

Clarence Root, 20 years of age, was convicted of the offence of maliciously shooting and wounding Lydia Walker, a 16 year old negro girl, with intent to kill her, and his punishment was fixed at confinement in the penitentiary for five years. The motion and grounds for a new trial assigned four errors, but only one is relied on in brief — that the court erred in failing to instruct on accidental shooting — consequently, the other three are considered waived and need not be mentioned. Helton v. Com., 245 Ky. 7, 53 S. W. 2d 189; Crutcher Laboratory v.…