Volz v. Commonwealth

Opinion op the Court by

Judge Logan

Reversing.

Appellant was tried on an indictment charging him with the malicious shooting and wounding of his wife. He was convicted and his punishment fixed at two years in the penitentiary. The only complaint he makes on this appeal is that he was entitled to an instruction on the lesser offense of shooting and wounding in sudden affray or sudden heat and passion and without previous malice. He contends that the evidence showed that he was drunk, and that this evidence required the giving of such an instruction.

It is contended by the Attorney General that…