Kelley v. Commonwealth

Opinion op the Court by

Perry, Commissioner

Affirming.

Appellant was, upon his trial under an indictment charging him with the crime of maliciously shooting at another with intent to kill but without wounding, a crime denounced hy section 435.170 KBS, convicted and his punishment fixed at fifteen years’ imprisonment. He thereupon filed motion for a new trial, which the court overruled, assigning in support thereof the following grounds:

“(1) Because the verdict was returned through passion and prejudice on the part of the jury hearing the case; (2) that the public mind was at this time inflamed…