Blackburn v. Commonwealth

Opinion of the Court by

Judge Moorman

Affirming.

On an indictment charging him with maliciously shooting and wounding another with intent to kill, Otis Blackburn was convicted and sentenced to confinement in the State Penitentiary for two- years and six months. He has appealed on the ground of error in refusing to instruct the jury on his theory of the case, i. e., that he was too intoxicated to have done the shooting with any intent whatever.

The evidence for the Commonwealth shows that on a night in September, 1922, appellant returned to his home, engaged in an altercation with his wife and…